The Alberta Court of Queen's Bench considered the
rules for admissibility of affidavit evidence at
length.
ANC Timber Ltd. v Alberta (Minister of
Agriculture and Forestry), 2019 ABQB 653, per Topolniski,
J.
Facts + Issues
This case concerned an application by the Minister of
Agriculture and Forestry (the "Minister") for an Order
striking 43 paragraphs and numerous exhibits of two affidavits
filed by ANC Timber Ltd. ("ANC") in support of ANC's
application for an interim injunction and interim stay of a
forestry directive.
The impugned directive was issued in June 2018 and judicial
review of the directive was scheduled for February 2020. The
directive concerned restrictions on ANC's ability to harvest
timber under the terms of a forest management agreement.
