Is an affidavit by a lawyer who swore that the affidavit was not fair market value admissible?

Ontario, Canada


The following excerpt is from Elitrex Plumbing Ltd. v. Cassavia Estates Homes (Maple) Ltd., 2021 ONSC 4928 (CanLII):

The plaintiffs rely on an affidavit filed by one of their lawyers to provide evidence that the impugned sales were made at less than fair market value. The lawyer who swore the affidavit was not the lawyer who argued the motion before me. While such an affidavit may be admissible, I note that lawyer’s affidavits on substantive issues are generally discouraged, even if the lawyer does not appear as counsel: Gutierrez v. The Watchtower Bible and Tract Society of Canada et al., 2019 ONSC 3069, at paras. 36 – 43.

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