What is the current state of the law on the basis of affidavit evidence?
British Columbia, Canada
The following excerpt is from Crown Trust Co. v. Brickett, 1986 CanLII 947 (BC SC):
I must keep in mind that where there are seriously contested issues of fact, the matter should not be resolved on affidavit material standing alone. Instead, the dispute should proceed to trial where witnesses can be examined and cross-examined in open court: Nordstrom v. Baumann, 1961 CanLII 51 (SCC), [1962] S.C.R. 147 at 156, 37 W.W.R. 16, 31 D.L.R. (2d) 255 [B.C.]. However, neither side argued strongly in favour of the matter going to trial. Both took the position the issues should be resolved on the basis of the affidavit evidence.
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