620357 Saskatchewan Ltd. v. The Queen, docket 1999-4723-IT-G

Date: 20011130

Docket: 1999-4723-IT-G

BETWEEN:

620357 SASKATCHEWAN LTD.,

Appellant,

and

HER MAJESTY THE QUEEN,

Respondent.

Motion heard on November 30, 2001 at Saskatoon, Saskatchewan

by the Honourable Judge D. W. Beaubier

Appearances

Counsel for the Appellant:                  J. H. W. Sanderson, Q.C.

Counsel for the Respondent:                              Elaine Lee

Orderand Reasons for Order

                Upon hearing the motion by the counsel for the Respondent for a further order respecting the examination conducted of Mr. George Madraga on the 10th day of May, 2001 at Prince Albert, Saskatchewan, and upon reviewing the material on file and hearing counsel for both parties, IT IS ORDERED:

[1]            Respondent's counsel shall examine Mr. Garth Busch commencing at 10:00 a.m. on the 12th day of December, 2001 at Prince Albert, Saskatchewan. Mr. Busch is instructed to inform himself for the purpose of that examination, wherein he will be examined on behalf of the Appellant in this matter, and to inform himself in particular from both employees of Madraga Distributors Ltd. and employees of the Appellant and from any documents in their possession or that he may have in his possession for the purposes of that examination.

[2]            That examination may be adjourned from time to time by counsel of the Respondent to and including the 19th day of December, 2001, during which time Mr. Busch is to properly provide any undertakings required for that purpose.

[3]            Either party shall have the right to file an expert's report respecting anything in contention in this matter until 30 days before the hearing of this matter.

[4]            Either party shall have the right to file a report by an expert in rebuttal to the foregoing reports pursuant to the rules of this Court.

[5]            Either party shall have the right to bring a motion respecting this matter on 48 hours' notice, such motion to be filed and served by fax and to be heard by telephone conference.

[6]            The costs in this matter shall be those determined by the trial Judge.

                Signed at Vancouver, British Columbia, this 6th day of December, 2001.

"D. W. Beaubier"

J.T.C.C.

COURT FILE NO.:                                                 1999-4723(IT)G

STYLE OF CAUSE:                                               620357 Saskatchewan Ltd. v. The Queen

PLACE OF MOTION:                                           Saskatoon, Saskatchewan

DATE OF MOTION:                                            November 30, 2001

ORDER &

REASONS FOR ORDER BY:                               The Honourable Judge D. W. Beaubier

DATE OF ORDER:                                                December 6, 2001

APPEARANCES:

Counsel for the Appellant:                  James Sanderson

Counsel for the Respondent:              Elaine Lee

COUNSEL OF RECORD:

For the Appellant:                

Name:                J. H. W. Sanderson, Q.C.

Firm:                  Sanderson, Balicki, Popescul & Forsyth

For the Respondent:                             Morris Rosenberg

                                                                Deputy Attorney General of Canada

                                                                                Ottawa, Canada