The bankrupt brought a motion to strike certain evidence filed by a creditor, Alpa Stairs and Railings Inc., in response to the bankrupt's motion to expunge Alpa's proof of claim.
The bankrupt sought to strike portions of an affidavit sworn by Alpa's representative, arguing it contained inadmissible hearsay, opinion, and argument, and relied on transcripts of examinations under s. 163 of the Bankruptcy and Insolvency Act of individuals who were not parties to the proceeding.
The court struck several paragraphs and exhibits from the affidavit that violated rules against hearsay and opinion evidence.
However, the court held that the s. 163 examination transcripts themselves were admissible evidence on the expungement motion under s. 163(3) of the BIA.
