What is the effect of section 4(1) of the Statement of Claimant's Affidavit to the Court of Appeal allowing the Court to consider any evidence which is not confined to facts which the deponent is able to prove?

Saskatchewan, Canada


The following excerpt is from PCL Construction Ltd. v. Klein, 1982 CanLII 2316 (SK QB):

The effect of the section is to prevent me from considering any evidence which is not confined to facts which the deponent is able of his own knowledge to prove. The section does not make the whole affidavit inadmissible but only the offending sections of the affidavit which are not within the knowledge of the deponent (See: Wells Construction v. Sloney, 1968 CanLII 514 (SK QB), 69 D.L.R.(2d) 685).

Other Questions


What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
What is the effect of the Court of Appeal Division's decision not to grant leave to appeal on the basis of new evidence? (Canada (Federal), Canada)
What is the relevant section of the Queen’s Speech to the Court of Appeal and what is the effect of this section? (Canada (Federal), Canada)
What is the effect of the Court of Appeal's review of evidence in a case? (British Columbia, Canada)
How have the words "gift" and "garnishment" in clause 3 of the Statement of Claimant's Notice of Claim to the Court of Appeal been interpreted? (Saskatchewan, Canada)
What is the significance of a passage in the Court of Appeal's Statement of Jurudence 656 referring to a failure to allude to difficulties in the evidence? (British Columbia, Canada)
What is the effect of a Minister's Statement of Facts and Evidence on a Notice of Revocation? (Canada (Federal), Canada)
In paragraph 81 of the Supreme Court of Canada's Appeal Court of Appeal, in the context of sentencing, what is the effect of the sentence on the offender's moral blameworthiness? (British Columbia, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
Can the Court dismiss an appeal under s. 613(1)(b)(iii) of the Criminal Code because of the intermingling of the facts between the facts and the facts? (Saskatchewan, Canada)