Is a plaintiff permitted to amend or amend an articling student’s affidavit?
Ontario, Canada
The following excerpt is from Cvjetkovic v Gupta, 2016 ONSC 2322 (CanLII):
I also agree that the plaintiff should not be permitted to now attempt to file the document which her counsel indicates is her “endorsement” of the articling student’s affidavit with the suggestion that it may be her own personal affidavit. This attempt to introduce new evidence of the plaintiff herself on this motion after the defendant’s counsel submissions were completed should not be permitted to patch up holes in the case created by the defendant’s evidence or defendant’s counsel submissions. Suwary v. Women’s College Hospital 2008 CanLii 8789 (ONSC).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party seek to amend or amend their affidavit to support a motion to amend the original document? (Ontario, Canada)
Can a plaintiff continue to serve a jury notice to amend their claim once leave is granted to amend the claim? (Ontario, Canada)
Can a plaintiff's pleadings be amended to add plaintiffs after the expiry of the limitation period? (Ontario, Canada)
How have the parties’ affidavit evidence before the Arbitrator been conflict about the circumstances surrounding both the July 20th and the 2014 Amending Agreement? (Ontario, Canada)
Is there any case law supporting the assertion in an affidavit by counsel that the evidence in the affidavit is unique? (Ontario, Canada)
What are the circumstances in which a plaintiff has been found to be a crumbling skull plaintiff? (Ontario, Canada)
Can a plaintiff's ferry from Belleville to any point west of the colorable distance from plaintiff’s ferry? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
Is a consent order enforceable if the consent order is amended or amended? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
