Did the trial judge err in considering only Sandra's
affidavit evidence respecting her income after turning 65?
Not exact matches
[13] As I noted when I referred to the
affidavit filed by the plaintiff in response to the application, there is very little
evidence with
respect to the nature of the medical problem that will prevent the plaintiff from attending at an independent medical examination.
Evidence on an application is given by way of affidavit, and the requirements for same are fairly stringent in that evidence based on «information and belief» can only be relied on with respect to facts that are not cont
Evidence on an application is given by way of
affidavit, and the requirements for same are fairly stringent in that
evidence based on «information and belief» can only be relied on with respect to facts that are not cont
evidence based on «information and belief» can only be relied on with
respect to facts that are not contentious.
Extrinsic
evidence as a condition precedent is not required with
respect to business records accompanied by an
affidavit.
The form of special case was settled by the court at a judicial management conference, but counsel for the Appellants refused to sign the statement of special case because of the extensive disputed
affidavit evidence that, by then, had clearly demonstrated that the parties were not in agreement with
respect to the facts.