Can a proposed Affidavit be filed in this application?

Alberta, Canada


The following excerpt is from Royal Bank of Canada v. Place, 2010 ABQB 733 (CanLII):

I ruled that the proposed Affidavit could not be filed nor considered by me in this application on the basis of Moen J.’s order that no further affidavits be filed and the doctrine against collateral attack. In Wilson v. The Queen, 1983 CanLII 35 (SCC), [1983] 2 S.C.R. 594 (S.C.C.) McIntyre, J. stated the rule at p.117: It has long been a fundamental rule that a court order made by a court having jurisdiction to make it stands and is binding and conclusive unless it is set aside on appeal or lawfully quashed. It is also well settled in the authorities that such an order may not be attacked collaterally ‑ and a collateral attack may be described as an attack made in proceedings other than those whose specific object is the reversal, variation, or nullification of the order or judgment.

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