How have the courts in BC dealt with the issue of Affidavits in the Special Case?
British Columbia, Canada
The following excerpt is from Strauss v. North Fraser Pretrial Centre (Deputy Warden of Operations), 2019 BCCA 207 (CanLII):
The special case also failed to meet the requirements of Rule 9-3. It ought to have consisted of only the agreed statement of facts and copies of the documents referred to in the agreed statement. Affidavits should not have been included in the Special Case (see Gulkison v. Vancouver Police Board, 2015 BCCA 361 at para. 3). Fortunately, it is possible to simply ignore those parts of the affidavits that do not properly form part of the special case without prejudicing either party.
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