The proposed defendant brought a cross-motion to strike paragraphs from an affidavit filed by the plaintiff in support of an unopposed motion to amend its statement of claim.
The moving party argued the paragraphs contained inadmissible hearsay and were scandalous and an abuse of process.
The court dismissed the cross-motion, finding that the statements were not tendered for the truth of their contents but to explain when the plaintiff discovered its claim against the moving party for limitation purposes.
The court also noted that since the amendment motion was unopposed, leaving the affidavit intact would not prejudice the moving party.
