What is the test for admissibility of an Affidavit of Documents?
Ontario, Canada
The following excerpt is from Henebry v. Her Majesty the Queen, 2018 ONSC 472 (CanLII):
At the end of the day I do not care what the parties communicated to each other, what the respective theories of the case are, what was listed in the Affidavits of Documents, or what each believes is relevant. I am tasked with determining whether the threshold requirements for admissibility are met, and whether, as an analogy, the rule in Browne v. Dunn applies.
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