SAITO v LESTER ESTATE, 2021 ABCA 179
SLATTER, KHULLAR AND PENTELECHUK JJA
7.3: Summary Judgment (Application and decision)
13.18: Types of affidavit
The Appellant appealed an Order of a Chambers Judge granting the Respondents Summary Dismissal of the Appellant’s claims against the estate of the Defendant (the “Estate”) under Rule 7.3.
The Appellant argued that the personal representative of the Estate’s Affidavit was in violation of Rule 13.18 as it was not strictly based on personal belief. In determining whether the personal representative of the Estate had correctly sworn the Affidavit, the Court of Appeal noted that the Chambers Judge correctly found that there is flexibility in interpreting the requirement of personal knowledge under Rule 13.18, specifically in relation to individuals swearing on behalf of estates or corporations. The Court of Appeal held that the Chambers Judge did not err in granting Summary Judgment based on the admissible evidence before him and dismissed the Appeal.View CanLII Details