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Affidavits General

Allianz Global Risks v. AG Canada 2016 Ont SCJ (Master)

A party may move to strike an affidavit under Rule 25.11 in advance of a motion or application or wait until the hearing of the motion or application. In general, on an interlocutory motion, the evidence should not be struck in advance unless there is some special reason to do so. This general rule does not apply regarding applications because evidence is more circumscribed in applications than motions and it may be more efficient to deal with the record in advance of the application than leave the parties uncertain as to whether they must respond to improper material.

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