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