BETWEEN:
and
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on April 17, 2009.
REASONS FOR ORDER BY: NOËL J.A.
Docket: A-595-08
Citation: 2009 FCA 120
Present: NOËL J.A.
BETWEEN:
NICO VAN DUYVENBODE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
[1] The Respondent moves to strike from the record the affidavit filed by the Applicant.
[2] An affidavit must be premised upon personal knowledge. Its purpose is to adduce facts relevant to the dispute without gloss or explanation (Bell Canada v. Canada (Canadian Human Rights Commission), (1991), 39 F.T.D. 97 at 99; Vancouver Island Peace Society v. Canada), (1993), 64 F.T.R. 127 at 149).
[3] It is apparent that the applicant confuses the purpose of the affidavit which he has filed with the submissions which he is entitled to make in support of his application. The affidavit is replete with arguments and conclusions of law. The usual remedy would be to strike out the parts of the affidavit that do not consist of statements of fact. However, the applicant’s affidavit is unseverable.
[4] The affidavit will accordingly be struck in its entirety with leave to file a further affidavit which conforms with the Rules.
[5] As no costs were sought, none are awarded.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-595-08
STYLE OF CAUSE: Nico van Duyvenbode and Attorney General of Canada
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
WRITTEN REPRESENTATIONS BY:
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ON HIS OWN BEHALF
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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