3.68: Court options to deal with significant deficiencies

Case Summary

Counsel for the personal representatives of an estate brought an Application to strike contents of an Affidavit in support of an Application for an estate freeze, an accounting, and case management. The challenged contents of the Affidavit included complaints to the Law Society of Alberta and follow up correspondence related to this complaint. Justice Lema considered whether the complaint letter submitted to the Law Society of Alberta was relevant to the beneficiary’s requested relief, or alternatively, whether it should be struck out under Rule 3.68(4).

Justice Lema considered the complaint letter, and determined that, on its own, the letter was not relevant because its existence does not impact whether either lawyer’s performance was inadequate. Justice Lema did acknowledge that the contents of the Law Society complaint may be relevant; however, this analysis was not impacted by the existence of the complaint itself. As a result, Justice Lema ordered the challenged sections of the Affidavit to be struck under Rule 3.68.

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