Does the deponent in the supporting affidavit on a motion for particulars need to be the moving party and not the solicitor representing that party?
Ontario, Canada
The following excerpt is from Van-Rob Inc. v Rapid Metals LLC, 2016 ONSC 1321 (CanLII):
The deponent in the supporting affidavit on a motion for particulars should be the moving party and not the solicitor representing that party; otherwise, little weight will be given to the affidavit (Hanna v. Hanna et al., [1986] 53 O.R. 2d 250 (ONSC) and 1731431 Ontario Ltd, supra).
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