In what circumstances will a court order expunge an improper affidavit?

British Columbia, Canada


The following excerpt is from The Sovereign General Insurance Company v. McNeill, 2007 BCSC 988 (CanLII):

In Webber v. Wallace, [1994] B.C.J. No. 1894 (B.C.S.C.), the court found that much of the affidavit in question was improper in that portions were irrelevant, hearsay, wilfully prejudicial, expressions of opinion, and argumentative. The court removed the affidavit from the court file. The party who prepared the affidavit was ordered to bear the costs of preparing the expunged affidavit, any affidavit replacing it, and the motion to expunge the affidavit.

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