IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Keating v. Nova Scotia (Attorney General), 2003 NSSC 187
Date: 20030911
Docket: SH 199747; 191112; 201680 (resp.)
Registry: Halifax
Between:
Lee Keating
Terrence L. Smith
Paul Branscombe
Plaintiffs
v.
The Attorney General of Nova Scotia, representing
Her Majesty the Queen in the Right of the Province
of Nova Scotia
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Walter R. E. Goodfellow
Heard: August 21st and September 11th, 2003 in Halifax
Written Decision: September 11th, 2003
Subject: AFFIDAVITS
Summary: Application to strike portions of Affidavits. Affidavits of two employees of the Department of Justice were primarily dictated by the solicitor for the Attorney General and to the extent they simply reflect opinion, such is not appropriate in an Affidavit. Reviewed Civil Procedure Rules - although Rules do not define “solicitor of record”, came to conclusion that to be “solicitor of record” means that you sue, defend or otherwise act within the proceeding as that party’s solicitor. Such terminology utilized by deponents objected to.
Issue: Extent to which Affidavit can be based upon information and belief.
Result: Portion of Affidavit of one legal assistant struck. Reference to “solicitor of record” struck. Affidavit with portions of letter blackout out admitted. Reliance on solicitors as officers of the court with respect to privacy/confidential aspects. Reserving right of counsel for Plaintiffs to ask for a clean copy for review. Affidavit that purports to establish Ms. Scott “solicitor of record” by examining database and not hard copies and simply noting her name as being related to the file is not a proper evidentiary base and is an opinion; therefore, such entire Affidavit revoked and removed.
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