The appellant father appealed a motion judge's decision dismissing his motion to strike affidavit evidence filed by the Children's Aid Society on a summary judgment motion.
The father argued that under recent appellate jurisprudence, the court was required to automatically vet and excise non-trial-worthy evidence before responding parties filed their materials.
The Superior Court dismissed the appeal, holding that the responsibility remains on the parties to file trial-worthy evidence and to raise specific objections via a motion to strike, rather than imposing an automatic initial vetting process on the court.
