Can an affidavit be struck out on an interlocutory basis?
Canada (Federal), Canada
The following excerpt is from Rowat v. Canada (Information Commissioner), 2000 CanLII 15221 (FC):
This Court, of late, has reiterated its reticence to intervene to strike out affidavit evidence or pronounce on its admissibility on an interlocutory basis. This disposition is emphasized in Ginter v. Canada (Attorney General), [1999] F.C.J. No. 1725 at page 2.
Most recently, Hughessen J. in L"Hirondelle v. Canada, [2000] F.C.J. No. 192, had occasion to consider an application to strike out parts of an affidavit adduced for the purposes of a motion to be dealt with at a later date. He found the affidavit to be replete with legal opinion, conjecture and argument from a deponent apparently not qualified to offer such opinion but observed at page 4: thereafter at page 5, he concluded:
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