In what circumstances will a defendant deposed in an affidavit that he did not feel the allegations were truthful or justified?
Saskatchewan, Canada
The following excerpt is from Hwang v. Saskatoon (City), 2003 SKQB 395 (CanLII):
In Beson v. Korens, the petitioner, who had been charged with assaulting his children, deposed in an affidavit filed in support of his application for specified access to them that he “did not feel the complaints were truthful or justified from the information given to me . . .”. Mr. Justice McIntyre struck the reference to a witness statement he received in the criminal proceeding for two reasons: first, the petitioner’s counsel gave his personal undertaking not to disclose the witness statement and therefore was not at liberty to use them in unrelated proceedings; second, the directives in Lucas limit their disclosure.
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