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Affidavits

Posted on July 28, 2017 | Posted in Civil Litigation, Five Liners

Airex Inc. v. Ben Air System Inc., 2017 Ont CA

On a summary judgment motion, if a party delivers its affidavit late, in non-compliance with the timetable established for the motion, that party is not able to complain that the other party failed to cross-examine on the late -delivered affidavit and an adverse inference should be drawn from the failure to cross-examine. In this case, the affidavit was insufficient in any case to demonstrate that a contractor did not breach its trust liabilities. There were bald assertions that payments to other subcontractors and suppliers were made without appropriate documentary evidence to back up those assertions.

 

Jonathan Speigel

 

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

 

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