The moving party sought to strike an affidavit filed in support of an application for leave to appeal, arguing the affidavit was irrelevant and inadmissible under Rule 89 of the Rules of the Supreme Court of Canada.
The Court held the opinion evidence lacked proper foundation, consisted largely of sworn argument on ultimate issues, and improperly attacked the correctness of the appellate decision below.
The Court reaffirmed that affidavit evidence will rarely be useful on leave applications unless it assists in establishing public importance through material not apparent from the record.
The motion was granted, the affidavit and related memorandum portions were struck without leave to amend, and costs were awarded to the moving party in any event of the cause.
