Does a solicitor have to file an affidavit on a motion?
Canada (Federal), Canada
The following excerpt is from Shipdock Amsterdam B.V. v. Cast Group Inc., 2000 CanLII 15071 (FC):
In Director of Investigation & Research v. Irving Equip. (1986) 16 CPR (3d) 26 (F.C.T.D) Muldoon, J. stated: I agree with the finding of Muldoon, J. that a solicitor should not file his or her affidavit on a motion when the solicitor is the counsel for a party. I hasten to point out that the solicitor who deposed the affidavit in the present case did so only because he believed that the facts he deposed to were not in dispute. As it turns out the plaintiff states the facts are in dispute.
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