The defendants move to exclude the affidavit of Vern Krishna CM, Q.C., sworn February 1, 2011 (the “Krishna Affidavit”), filed by the plaintiff, from the evidence that will be before this Court on the plaintiff’s motion for certification and the defendants’ motion for summary judgment. Alternatively, the defendants seek to exclude certain portions of the Krishna Affidavit from the record.
In this case, I will permit the plaintiff to deliver the Krishna Affidavit but I will defer my ruling on its admissibility until after hearing the argument on the certification and summary judgment motions.
– G.R. STRATHY J.
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Another Procedural Victory