Is an affidavit from a party’s lawyer appropriate to be submitted on a motion for summary judgment?
Ontario, Canada
The following excerpt is from Forestall v Carroll, 2015 ONSC 2732 (CanLII):
The general rule is that an affidavit from a party’s lawyer is not appropriate evidence to be submitted on a motion for summary judgment. As stated by Justice Myers in Ferreira v. Cardenas (2014) ONSC 7119, “clients’ and/or eyewitness first-hand evidence and expert opinion based on first-hand evidence are the trump suit”.
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