PRACTICE |
Affidavits |
Belgravia Investments Ltd. v. Canada
T-167-00
Teitelbaum J.
2/8/00
8 pp.
Application for order directing respondent to amend affidavit of Walter Wong "so as to delete paragraphs 3, 6, 7, 8 thereof, and directing Crown (respondent) to amend Wong affidavit so as to delete or amend all references to defined phrase `Tax Shelter Corporations' as contained therein"--Whether respondent should be ordered to have affidavit amended before issue determined (privileged documents) on merits--Admissibility of portions of affidavit should be determined by judge hearing application on merits--Court should not strike affidavit, part of affidavit on preliminary motion to strike unless, and exceptionally, applicant asking for same can clearly show prejudice--References to "Tax Shelter Companies" or that certain companies "tax shelter" not relevant to issue on merits, that is, whether documents privileged or not--Applicant failed to show would suffer prejudice if affidavit, portion of it not struck--Application dismissed.