The rampant practice of attaching affidavits | Gary S. Joseph

By Gary S. Joseph ( November 28, 2024, 2:35 PM EST) -- Justice Mohane Sharma’s recent decision in Bah v. Diallo, 2024 ONSC 6500, calls out a practice that I have railed against for years. On a motion for relocation and in response to a request to adjourn, the court had the opportunity to comment on the now somewhat ingrained practice of arguing your motion by affidavit (most often of the client). Many family lawyers now go so far as to include case references and statutory citations in affidavits “argued” by clients. Perhaps I was guilty of this at times, but it really is poor practice and, happily, Justice Sharma directly comments on this in granting the adjournment....
LexisNexis® Research Solutions

Related Sections