13.18: Types of affidavit

Case Summary

This was an Application for Judicial Review brought pursuant to the Municipal Government Act, RSA 2000, c M-26. In addressing the standards for admissibility of Affidavit evidence, the Court reviewed Rule 13.18(3), confirming that in final Applications, the Affidavit must be sworn on the basis of personal knowledge.

Justice Eamon detailed that personal knowledge encompasses a wide variety of personal observations. Namely, a witness might have observed some relevant event, be able to identify an otherwise admissible record such as a business record, describe his or her belief held at some material time which is relevant to the issues (for example, evidence of belief which explains why the witness took a particular action at a particular time), or describe some relevant act or statement made by another person out of Court if otherwise admissible (for example, an admission against interest, or a spontaneous exclamation).

By contrast, the Applicants in their Affidavits often inferred matters of fact. The Court underscored that generally inferences are for the Court, not fact witnesses, and therefore the Affidavits contained inadmissible evidence.

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