What is the legal test for admitting affidavit evidence at trial?
Alberta, Canada
The following excerpt is from Brennenstuhl Estate v. Trynchy, 2007 ABQB 647 (CanLII):
As noted in the Canned Heat case, affidavit evidence has been admitted at trial since at least Elias v. Griffith (1877), 46 Ch. D. (N.S.) 806 where an affidavit was admitted despite the deponent having died before trial. The court noted that it still had to estimate the value of such evidence, once admitted.
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