The Record, Evidence and Related Issues

SKU: 62253.03

Author: Jeneane Grundberg QC

This paper addresses the following questions: (1) What documents should be included in the record? (2) When are affidavits admissible in addition to the record? (3) Who has the onus to establish admissibility of affidavits? (4) When affidavits are admissible, what standard additional requirements will also apply? (5) How does the scope for questioning on affidavits differ from questioning on discovery? (6) What are other interesting issues respecting the record? (7) When should the record be filed (before or after preliminary applications)? (8) What are some practical pointers for preparing the record?

This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.

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