C-25.01 - Code of Civil Procedure

Section 106 Disposition versions

2016-12-01

106. A sworn statement, whatever its medium, must set out the facts and other evidence clearly and only contain facts or evidence that are relevant and the truth of which can be attested to by the person making the statement. A reference to the paragraphs in the pleadings is sufficient to identify the facts that are sworn to. Repeating the wording of pleadings may constitute an abuse of procedure.

Evidence by sworn statement is permitted when the defence is oral. It is required in the case of an interlocutory injunction, a seizure before judgment or a judicial review but does not preclude testimonial evidence.

2014, c. 1, a. 106; I.N. 2016-12-01.

2016-01-01

106. An affidavit, whatever its medium, must set out the facts and other evidence clearly and only contain facts or evidence that are relevant and the truth of which can be attested to by affiant. A reference to the paragraphs in the pleadings is sufficient to identify the facts that are sworn to. Repeating the wording of pleadings may constitute an abuse of procedure.

Evidence by affidavit is permitted when the defence is oral. It is required in the case of an interlocutory injunction, a seizure before judgment or a judicial review but does not preclude testimonial evidence.

2014, c. 1, a. 106.