The moving party brought a motion to strike an affidavit filed by the responding party in support of a motion for leave to appeal a Divisional Court decision.
The affidavit, sworn by the owner of the responding party's autobody shop, purported to demonstrate the systemic implications of the Divisional Court's interpretation on independent repair shops and policyholders.
The motion judge found the affidavit was replete with argument and opinion rather than proper factual evidence, relying on anecdotal assertions rather than statistical or corroborating data.
The affidavit was struck in its entirety, and the responding party was directed to file a fresh factum with references to the affidavit removed.
