Seylynn (North Shore) Development Limited Partnership v. Denne Homes Group, 2024 FC 994
Associate Justice Coughlan - 2024-06-26
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The Plaintiff/Defendant by Counterclaim and the Defendants to the Counterclaim, bring a motion in writing for an order that the Defendant/Plaintiff by Counterclaim, Abo Taheri, serve and file an accurate and complete Affidavit of Documents. For the reasons that follow, the motion is dismissed. ... For present purposes, it is sufficient to note that at issue in the action, among other pleas, is the ownership of the DENNA Trademarks and Trade Names. Pleadings have closed and the parties have exchanged affidavits of documents. ... As I noted earlier in this Order, an affidavit of documents is a solemn document supported by a solicitor’s certificate. Unless the contrary is shown, the affidavit is to be taken as setting out what it alleges accurately and fairly: Apotex at para 14. Here, Seylynn Group has not shown, by persuasive evidence or otherwise, that the Court should question the sufficiency and accuracy of Taheri’s Supplemental Affidavit.
Decision relates to:
- T-1059-22 - SEYLYNN (NORTH SHORE) DEVELOPMENT LIMITED PARTNERSHIP v. DENNA HOMES GROUP