The Affidavit “Wars” Continue

Photo by Pixabay on Pexels.comOne of the banes of family law is the never-ending stream of affidavits that are submitted, inviting reply, counter-reply and rejoinder, sometimes well-meaning, but often an exercise in irrelevant excess. That is what Madam Justice Choi was presented with in the case of Quigg v. Quigg 2019 BCSC 628, however, what made the Quigg case most unusual was a previous order of Judge Choi’s where she ruled that neither party could file additional affidavits. Nonetheless, the Claimant, Ms. Quigg, sought to have three additional affidavits admitted, including one of her counsel’s legal assistant, with 113 pages; a second affidavit from the same legal assistant, with 295 pages; and the third, an affidavit of Ms. Quigg, numbering 31 pages. The Court considered six cases presented by counsel but distinguished all of them. Clearly the fact that an order had been made specifically disallowing additional affidavits made it difficult to find a case…

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