The Plaintiff sought injunctive relief against its former employee to enforce a non-competition and non-solicitation agreement, and against the corporate Defendant in order to prohibit the use of the Plaintiff’s confidential information and to prohibit the Defendant from providing services to the Plaintiff’s clients. The Defendants sought to rely on an Affidavit filed in a separate Court of Queen’s Bench Action pursuant to Rule 6.11.

Tilleman J. observed that the separate Action only included one of the Defendants named in the present Action, there had been no opportunity to Question on the Affidavit, and filed copies were not provided five days in advance, as required in the Rules. Further, Justice Tilleman noted that the Defendants also did not give the Court sufficient notice of their intention to obtain leave to file the Affidavit late. In the result, Tilleman J. denied the use of the Affidavit.