What is the effect of section 4(1) of the Statement of Claimant's Affidavit to the Court of Appeal allowing the Court to consider any evidence which is not confined to facts which the deponent is able to prove?
Saskatchewan, Canada
The following excerpt is from PCL Construction Ltd. v. Klein, 1982 CanLII 2316 (SK QB):
The effect of the section is to prevent me from considering any evidence which is not confined to facts which the deponent is able of his own knowledge to prove. The section does not make the whole affidavit inadmissible but only the offending sections of the affidavit which are not within the knowledge of the deponent (See: Wells Construction v. Sloney, 1968 CanLII 514 (SK QB), 69 D.L.R.(2d) 685).
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