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Affidavits

. Canada (Attorney General) v. Bertrand

In Canada (Attorney General) v. Bertrand (Fed CA, 2021) the Federal Court of Appeal comments snarkily on the absense of use of affidavits by both parties in a judicial review application:
[17] On this motion, both sides filed some material from the Internet (e.g., a Facebook post of First Nation election results, COVID statistics from a website, and a CBC news article) without an affidavit. This practice seems to be increasing. We remain a court of law that acts only on admissible evidence, not whatever counsel can scrounge on the Internet.
. Chatha v. Johal

In Chatha v. Johal (Ont CA, 2018) the Court of Appeal dismissed a claim against a lawyer where it was alleged that he acted negligently in commissioning an affidavit:
[18] Third, are allegations that the respondent acted negligently because she failed to verify that the contents of the Affidavit were true and accurate. However, the jurisprudence establishes that a lawyer does not owe a duty to third parties to verify the accuracy of the information contained in an affidavit he or she drafts or commissions: Piccolotto v. Kanhai, 2015 ONSC 4807 (CanLII), at paras. 14-16; Gerling Global General Insurance Co. v. Siskind, Cromarty, Ivey & Dowler (2002), 2002 CanLII 49480 (ON SC), 59 O.R. (3d) 555 (S.C.), at paras. 15-16.

[19] There are good policy reasons for this, including that imposing such a duty of care could potentially place a lawyer in a conflict of interest with his or her client. In addition, as a practical matter, it would make even the routine swearing of affidavits a time consuming and prohibitively expensive proposition. In my view, this jurisprudence is persuasive and the duties of a lawyer or notary when commissioning an affidavit should not be expanded as urged upon us by the appellant.




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