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