What evidence should be considered for the purposes of the motion? [18] With respect to the so-called late filing of Affidavits, there is nothing in the Rules and nothing in Justice Lee’s Order of June 5, 2007 precluding the filing of Supplemental Affidavits or further materials on the motion. [...] D.) that the trial (or chambers) Judge is the person in the best position to judge the evidence bearing on the case in light of the evidence already given. [...] The defendant resisted summary judgment on the basis that there was a triable issue with respect to whether there was a debt owing to the plaintiff because of damages claimed by the defendant and equitable set off exceeding the amount of the plaintiff’s claim. [...] [40] The jurisdiction for a chambers judge or a trial judge to hear further submissions or receive further evidence after the hearing, and even after the issuance of the decision, but before the entry of the formal Order of Judgment, is very broad. [...] Dandy in that the judge who heard the matter remains the person in the best position to judge the bearing of further evidence on the case.
Authors
- Pages
- 664
- Published in
- Canada
