Legal Blog

Evidence-Information & Belief

Premanathan v. Kandasamy 2021 Ont SCJ

On a motion, one party filed an affidavit of another lawyer in the firm. It contained statements on contentious matters without identifying the source of the information or the fact of his belief and statements otherwise inadmissible as hearsay and arguments more appropriate for a factum. The other party relied on the affidavit of a law clerk who provided double hearsay evidence at times without disclosing the source of the information and without specifying her belief in the information. The judge took issue with each of these affidavits.

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