CONDOMINIUM CORPORATION NO. 042 5177 v KUZIO, 2019 ABQB 814
13.18: Types of affidavit
The Applicant condominium corporation applied for an interim injunction enjoining numerous Respondent unit owners from offering short-term accommodations in their units. One of the issues to be decided was the weight to be given to an Affidavit relied upon by the Applicant. The Affidavit attested to complaints received from tenants who did not swear their own Affidavits.
The Court confirmed that hearsay evidence can be relied upon in an Application for interim relief and that the Rules allow for hearsay evidence to be included in an Affidavit in support for interim relief as long as the source of the information is disclosed as per Rule 13.18(1)(b) and 13.18(2), and the deponent swears to his/her belief in its truth.
The Affidavit evidence was allowed. The sources of the information included in the Affidavit were disclosed and the Court found that it was credible enough to rely on.View CanLII Details