Can an affidavit be struck as inadmissible?
New Brunswick, Canada
The following excerpt is from Martin v Province of New Brunswick and Chaleur Terminals Inc, 2016 NBQB 138 (CanLII):
In Adam v. Canada (Minister of Environment), 2014 FC 1185, [2014] F.C.J. No. 1412, an affidavit of the applicant was struck as inadmissible by Tremblay-Lamer J. because the affidavit presented expert evidence on the adequacy of the conditions imposed on the proponent. The judge commented that since the applicant had the opportunity to adduce such evidence, they could not now do so by way of affidavit (para. 22).
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