Sentences with phrase «require affidavit evidence»

The Rule prohibits hearing applications that require affidavit evidence.

In some cases, the court may require affidavit evidence explaining the significant of the information sought to be filed and the consequences of its disclosure to the public to the parties.

It is for the judge to decide whether a particular application requires affidavit evidence and whether any affidavits that have been tendered are relevant.

Not exact matches

Explaining this benefit required broad affidavits outlining the historical experience of Alberta peace officers, along with other Crown evidence.

The court crafted a solution: while it granted the grandparents» request to have the requirements on the clearance documents waived, the court nonetheless required them to complete an affidavit under the Act which would provide the court with the evidence to make its decision.

The costs of seeking a temporary Court Order may be significant as this will require the bringing of a Motion to the Court which will in turn require the preparation of Affidavit evidence.

The four - day motion contained 28 volumes of evidence, including affidavits from 18 witnesses, requiring three weeks of cross-examinations.

24 (1) If a document is submitted in an electronic format and is required under any Act to include an affidavit, a declaration, a statement or any other written evidence, the evidence shall be in an electronic format approved by the Director of Land Registration and shall be included in a manner approved by the Director of Land Registration.

Once the plaintiff's affidavit was found to be relevant, evidence in proper form was required from the defendant and counsel's statements, standing alone, were not acceptable.

Many of the orders contemplated at such a conference will not require applications or affidavit evidence.

The Rules of Civil Procedure require that a responding party on a motion for summary judgment «must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue requiring a trial».

The evidence was tendered by affidavit instead of a trial which, whether in Small Claims Court or the Superior Court, would likely have required viva voce evidence and inconvenienced those individuals whose evidence was tendered by affidavit.

In this case, the Court found that the brokerage failed to provide crucial affidavit evidence from the clients, apart from hearsay evidence, which was required to determine the issues in dispute.

Extrinsic evidence as a condition precedent is not required with respect to business records accompanied by an affidavit.

Tribunal members would have the ability to shape the hearing process in a manner that is proportionate to the importance and complexity of the issues, which might include: limiting the number of witnesses; limiting examinations in chief by, for example, requiring that all or some evidence be given by affidavit; allowing hearsay from identified sources; admitting unsworn material such as letters and emails into evidence; and, requiring that argument be provided partially or entirely in writing.

Harvison Young J. concluded that the number of recent cases which accepted and applied the reasoning in Ainslie «overwhelming supports the motion judge's interpretation of s. 138.8 that it does not require the defendants to deliver affidavits or to be subjected to cross examination when they do not intend to lead evidence in response to the leave motion».

In Ainslie, FMC's Robb Heintzman and Matthew Fleming successfully argued that the Act only requires a defendant to file an affidavit where it intends to lead evidence in response to a leave motion, and that allowing the plaintiffs to examine the defendants in the absence of such affidavit evidence would amount to an abuse of process, as it would afford the plaintiffs greater rights of discovery than in an action where it is unnecessary to obtain leave.

(3) The order may be made on the judge being satisfied by affidavit or other evidence on oath or affirmation that the inspection or production of the ballot or other document is required for the purpose of instituting or maintaining a prosecution or for the purpose of an action questioning an election or return.

Having found that the issue of risk could not be determined on the existing record of conflicting affidavit evidence, it was incumbent on the application judge to consider whether oral evidence was required to allow him to complete his risk analysis or whether he could make a decision based on the sufficiency of the record and the appellant's evidentiary onus.

In relation to the registration test, representative bodies are now required, among other things, to organise meetings to determine authorisation, resolve disputes between Indigenous parties to ensure that there are no overlapping claims, retain and fund anthropologists to show, on a prima facie basis, a connection to the claim area, and gather affidavit evidence about the nature of the claim and the extent of the claim area.