What is the current state of the law on affidavit materials conflict?
British Columbia, Canada
The following excerpt is from Chang v. Solus Trust Company Limited, 2014 BCSC 1224 (CanLII):
It is clear from the jurisprudence the mere fact that affidavit materials conflict is not an automatic bar from proceeding under the summary trial provisions. Other admissible evidence, including discovery evidence may permit the court to conclude the evidentiary conflict can be addressed and the matter resolved without simply preferring one view over the other: see, for example, Charest v. Poch, 2011 BCSC 1165 at paras. 54 - 67.
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