This decision addresses pre-trial motions brought by both Schindler Elevator Corporation and Walsh Construction Company of Canada, Bondfield Construction Company Limited, and Walsh Construction/Bondfield Partnership (collectively, WBP) concerning the admissibility of substantial affidavit evidence-in-chief tendered for trial.
Both parties raised numerous objections to statements in each other's affidavits, primarily on grounds of unqualified opinion, argument, legal conclusions, hearsay, speculation, and witness competency.
The Master ruled on these objections, striking various paragraphs or portions thereof and admitting others subject to weight, emphasizing that trial evidence must strictly comply with the rules of evidence, unlike evidence on motions or applications.