In opposed motions, many arguments masquerade as affidavits. This is improper. For the most part, legal argument should be confined to factums.
In Ferreira v. Cardenas, 2014 ONSC 7119, Justice Myers eloquently sets out the rules on affidavits sworn in support of motions:
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 Lawyers’ affidavits can be quite helpful in cases where the lawyers, or their staff, have particular knowledge relevant to the facts in issue before the court. In Mapletoft v. Christopher J. Service, 2008 CanLII 6935 (ON SC) at para. 15, Master MacLeod provided the following guidelines for the use of lawyers’ affidavits:
- For the