What is the current state of the law on a motion of motion for personal injury?
Manitoba, Canada
The following excerpt is from Saan Stores Ltd. v. Reebok Canada Inc. et al., 1996 CanLII 18041 (MB QB):
I'am not bound by, nor do I agree with, the reference to the sometime necessity for an affidavit on a motion of this nature as stated in the case of Steiner v. Lindzon (supra). The requirement for particulars is something that arises from a study of the pleadings. It is not enhanced in any way by a litigant swearing an affidavit parroting what should be a submission of counsel, i.e. that the material facts necessary to plead to the statement of claim are not present. A party is entitled to know the case it has to meet.
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