A solicitor brought a motion to strike portions of a client’s affidavit filed in opposition to confirmation of a Report and Certificate of Assessment under the Solicitors Act.
The solicitor argued that the affidavit improperly raised issues about the retainer that should not be revisited after the assessment hearing and that the confirmation motion was analogous to an appeal limited to the record before the assessment officer.
The court found that the moving party had not identified any statutory or Rules of Civil Procedure authority permitting the striking of the affidavit based solely on its content.
Questions regarding the admissibility of the affidavit and the permissible scope of evidence on the confirmation motion were matters for the judge presiding over that hearing.
The motion was adjourned to be determined by the judge hearing the confirmation motion, with costs left to that judge’s discretion.
