JTS v JB, 2022 ABKB 791


13.18: Types of affidavit

Case Summary

The Applicants applied to change the surname of two children (the “Children”) without the father’s consent, after the father of the Children was charged with murder and arson.

The Applicants’ Application relied in part on information from police officers that the Children may be a target of retribution from the murder victim’s family. However, the Application only included an Affidavit from the Applicants rather than from a police officer. The Court noted that Rule 13.18 requires an Affidavit in support of an Application that may dispose of all or part of a claim to be sworn on the basis of personal knowledge. The Applicants did not assert a hearsay exception. The Court ultimately dismissed the Application to change the surname of the Children without the father’s consent.

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