In a proposed class action regarding institutional sexual abuse, the foreign defendants brought a preliminary motion to strike three affidavits sworn by a partner of the plaintiff's law firm.
The affidavits were filed in support of a joinder motion and in opposition to a jurisdiction motion.
The court granted the motion to strike, finding that the affidavits improperly contained legal argument and personal opinions, violating the Rules of Civil Procedure.
Furthermore, the court held that the manner in which the evidence was presented created a disqualifying conflict of interest under the Rules of Professional Conduct, as the lawyer arguing the motion was the source of the contentious information in the affidavits.
The affidavits were struck with leave to deliver an unadorned Affidavit of Documents.