BARKER v BUDGET RENT-A-CAR OF EDMONTON LTD, 2011 ABQB 123
3.68: Court options to deal with significant deficiencies
13.18: Types of affidavit
The Applicant sought to strike a paragraph from an Affidavit on the basis that it contained hearsay and a legal conclusion. The Affidavit was used in support of an Application to amend the Statement of Claim.
The Applicant relied on Rule 3.68(4)(a), which allows the Court to strike an Affidavit that contains frivolous, irrelevant or improper information. The Respondent relied on Rule 13.18, which provides for the inclusion of information in an Affidavit that is not based on the personal knowledge of the Affiant.
The Court considered Alberta case law that permits, in an interlocutory matter, evidence in an Affidavit that is based on information and belief. The Court also determined that the Application to amend the Statement of Claim was an interlocutory matter that would not finally dispose of the rights of the parties. The Court concluded that there was nothing in the impugned paragraph of the Affidavit that was frivolous, irrelevant or improper information. The Court allowed the paragraph to stand, but the weight that the paragraph was to be given by the Court was still to be determined.View CanLII Details