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Civil procedure 2026 NSSC 9

Tobin v. Smith

Court
Supreme Court of Nova Scotia

The court allowed the motion in part: paragraphs 7, 8, 9, 11 and 14 of the Applicant's October 2, 2025 affidavit are struck as argument/speculation/irrelevant; paragraph 5 of that affidavit is retained; the October 15, 2025 'Response to Notice of Contest' is not struck because it is unsworn submissions (admissibility at hearing for the trial judge); the entire October 16, 2025 and October 27, 2025 supplementary affidavits are struck for being filed without leave under CPR 5.17 and for consisting entirely of legal argument or inadmissible material; costs for the motion are fixed in the cause a…

Source excerpt

  • Motions to strike affidavits
  • Admissibility of affidavit evidence
  • Supplementary affidavits
  • Cpr 39.04
  • Cpr 5.17
  • Costs
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Civil procedure 2021 NSSC 237

Superport Marine Services Limited v. Balodis Incorporated

Court
Supreme Court of Nova Scotia

The court refused the supplemental affidavit because SPM provided no adequate explanation for late production, the affidavit included third‑party opinion/business records without foundation and risked prejudice; the blanket amendment to add a general statement of belief to prior affidavits was denied because it would not cure specific hearsay defects; rebuttal evidence complained of was largely admissible because no binding restriction on scope was proved and no unfair surprise or prejudice shown given adjournment, but specified hearsay and unsupported opinion passages in SPM affidavits were…

Source excerpt

  • Affidavit admissibility
  • Hearsay
  • Opinion evidence
  • Rebuttal evidence/case‑splitting
  • Supplementary affidavits
  • Costs
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Administrative law 2020 FC 1142

Lukács v. Canada (Public Safety and Emergency Preparedness)

Court
Federal Court

The Federal Court allowed the respondent to file a supplementary affidavit, using an unredacted version for preliminary motions and a redacted version for the judicial review.

  • Supplementary affidavits
  • Admissibility of hearsay/information and belief
  • Rule 312 leave to file
  • Confidentiality orders
  • Redaction and disclosure
  • Preliminary motions vs merits review
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Administrative law 2010 FC 595

Gravel v. Telus Communications Inc.

Court
Federal Court

The Federal Court partly allowed a motion to strike affidavit evidence in a judicial review, removing specified paragraphs as new evidence, hearsay, or argument.

  • Judicial review
  • Affidavit admissibility
  • Hearsay
  • Supplementary affidavits
  • Federal courts rules
  • Certified tribunal record
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Administrative law 2010 FC 560

Khadr v. Canada (Prime Minister)

Court
Federal Court

The Federal Court allowed the applicant to file a supplementary affidavit in a judicial review motion, finding it prima facie relevant and not unduly prejudicial.

  • Charter ss.6,7,12,24
  • Repatriation/mandamus
  • Procedural fairness
  • Supplementary affidavits
  • Timelines and prejudice
  • Judicial-review
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Administrative law 2007 FC 1120

Boissonneault v. Canada Post Corporation

Court
Federal Court

The Federal Court dismissed a motion to file a further affidavit and to allow non-solicitor representation, but granted extra time and awarded costs.

  • Supplementary affidavits
  • Representation by non-lawyer
  • Costs
  • Extension of time
  • Settlement review
  • Supplementary-affidavits
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Patent law 2004 FC 1685

Pfizer Canada Inc. v. Rhoxalpharma Inc.

Court
Federal Court

The Federal Court set aside a prothonotary’s order allowing Pfizer to file additional affidavits after cross-examination, finding a misapprehension of the facts.

  • Supplementary affidavits
  • Leave to file evidence
  • Rule 84(2)
  • Rule 312
  • Splitting of evidence
  • Standard of review
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Administrative law 2001 FCT 1277

Woo Estate v. Canada (Attorney General)

Court
Federal Court

The Federal Court allowed a style-of-cause amendment, permitted supplementary affidavits, set filing deadlines, and restricted further affidavits absent special circumstances.

  • Style of cause
  • Supplementary affidavits
  • Federal court rules
  • Procedural delays
  • Style-of-cause
  • Supplementary-affidavits
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.