In R. v. Watson (Ont CA, 2026) the Ontario Court of Appeal commented on the appropriate file location of affidavits admitted for use at trial:
[8] In our view, it would have been preferable for the affidavit to have been included as an exhibit in the trial record. It is best practice in both civil and criminal cases for any document seen by the trial judge to be made either a numbered or lettered exhibit so that the panel of this court sitting on the appeal can discern without difficulty exactly what was before the trial judge at any moment in the course of the trial: 1162740 Ontario Limited v. Pingue, 2017 ONCA 52, 135 O.R. (3d) 792, at paras. 37-41, leave to appeal refused, [2017] S.C.C.A. No. 368; Girao v. Cunningham, 2020 ONCA 260, C.C.L.I. (6th) 15, at para. 22; R. v. Kwok, 2023 ONCA 458, 427 C.C.C. (3d) 462, at para. 23. The responsibility for recording exhibits falls primarily on the trial judge but also on trial counsel.
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