Hull on Estates #628 – Commissioning an Affidavit for a non-English Speaker

Hull on Estates #628 – Commissioning an Affidavit for a non-English Speaker

This week, Jonathon Kappy and Fred Tonelli discuss the recent Teefy decision (Teefy Developments (Bathurst Glen) Limited v. Sun, 2021 ONCA 870 (CanLII)), which included a comment from Justice Nordheimer about the proper method of commissioning an Affidavit of a deponent who does not understand the language in which it is written. Jonathon and Fred go on to further discuss how a lawyer should conduct themselves in such a situation, using the guidance of Rule 4.06 of the Rules of Civil Procedure, dealing with Affidavits.

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