Is the Sossin Affidavit necessary to include references to U.S. law?

New Brunswick, Canada


The following excerpt is from New Brunswick v. Imperial Tobacco Canada Limited, 2009 NBQB 131 (CanLII):

For the same reasons in support of my ruling regarding the Glenn Affidavit, I am of the view that the Sossin Affidavit should remain intact. It would be unfair to the Province to strike paragraphs 46 and 47 of the Sossin Affidavit while leaving intact the Glenn Affidavit and its references to U.S. law. Furthermore, the court is not bound by such expert evidence and is entitled to give it whatever weight it deems appropriate. See New Brunswick v. Rothmans Inc., supra, at para. 50.

Other Questions


Can an affidavit be struck as inadmissible? (New Brunswick, Canada)
Is loss of valuable services in performance of housekeeping services included in general damages? (New Brunswick, Canada)
Is retroactive pay included as income for child support purposes? (New Brunswick, Canada)
What is the test for returning a child to his mother? (New Brunswick, Canada)
If the wife’s claim in bankruptcy is unhinged from proprietary vesting concerns, would the wife's claim have been deemed to be “too uncertain” to value? (New Brunswick, Canada)
What is the test for foreseeability in tort law? (New Brunswick, Canada)
How have courts dealt with assault and battery cases? (New Brunswick, Canada)
Does the duty of fairness extend to administrative tribunals? (New Brunswick, Canada)
Can a uniformed police officer who was not actively participating in the investigation compel the accused to speak to the accused's lawyer? (New Brunswick, Canada)
How has the respondent been awarded damages for her role as a primary care giver during the breakdown of her marriage? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.