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Evidence at Trial by Affidavit

Schindler Elevator Corporation v. Walsh Construction Company of Canada 2020 Ont SCJ

Evidence-in-chief was being adduced by way of affidavit. The Master noted that if a witness is not permitted by the rules of evidence to make particular statements during oral testimony at trial, the witness could not make those statements in affidavits tendered in lieu of that oral evidence-in-chief.

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