Can a summary judgment application be relied solely on hearsay evidence?
Alberta, Canada
The following excerpt is from Airco Aircraft Charters Ltd. v. Edmonton Regional Airports Authority, 2010 ABQB 397 (CanLII):
The affidavit filed by the applicant in support of a summary judgment application must be confined to a statement of facts within the knowledge of the deponent (Rule 305; Yellowbird v. Samson Cree Nation No. 444, 2003 ABQB 535 at para. 16, 349 AR, 208). Stated otherwise, as this is a final determination of the issues, there can be no hearsay evidence presented by the applicant.
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