Introduction
It is common for a special loans officer of a secured lender to
swear an Affidavit on behalf of their financing institution in
connection with enforcement proceedings. However, a recent
Master's decision, Meridian OneCap Credit Corp v Nikos
Directional Inc, 2021 ABQB 362, from the Alberta Court of
Queen's Bench raises the question of what affidavit evidence
and testimony is needed and can be relied on for an Application for
Summary Judgment.
Background
The Plaintiff, Meridian OneCap Credit Corp., brought an
Application for Summary Judgment which was heard by a Master in
chambers. The Application for Summary Judgment was with respect to
two equipment leases (the "Leases")
alleged to be entered into between First Capital Leasing Ltd. as
lessor (the "Lessor"), Nikos Directional
Inc. (the "Company") and Nicolae Neacsu
(the "Individual") as lessees. By way of
Affidavit evidence submitted by the secured lender (the
"Plaintiff"), it was submitted that
