What is the impact of improper affidavit evidence in a final order determining the action?
British Columbia, Canada
The following excerpt is from Zigarlick v. Vernon (City), 2017 BCSC 512 (CanLII):
Importantly, the hearing of the Petition was a final order determining the action. As such, the affidavit evidence filed by the petitioners should have been restricted to their direct knowledge. Instead, as noted, the petitioners’ affidavits improperly contained argument in the guise of evidence, scandalous remarks, personal opinions and groundless allegations of deceit. The filing of such affidavits may attract cost consequences: Sovereign General Insurance v. McNeill, 2007 BCSC 988 at para. 17.
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