[1] Like a scene lifted from Steven Spielberg's Minority Report, where fate is sealed by precogs' premonitory glimpses of a future not yet lived, this case turns on an affidavit that appears to defy time itself. The plaintiff now seeks leave under O 41 r 4 of the Rules of Court 2012 ("the Rules") to regularise this temporal anomaly by reaffirming the affidavit. The impugned paragraph refers to an event that took place three days after the affidavit was affirmed, as if the deponent had peered into the future. The defendant objects strenuously, insisting the defect is no mere slip but a fatal flaw that strikes at the heart of admissibility. After careful scrutiny of the submissions and authorities, this Court grants the plaintiff's application, for the reasons that follow.

Background