Date: 20021203
Docket: T-916-02
Neutral citation: 2002 FCT 1251
Montréal, Quebec, December 3, 2002
Before: Richard Morneau, Prothonotary
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
and
JUDITH LAPIERRE
Defendant
and
CANADIAN HUMAN RIGHTS COMMISSION
Intervener
REASONS FOR ORDER AND ORDER
[1] Both parties in this case each made a motion to the Court.
[2] The plaintiff sought (1) an order dismissing certain questions asked in the written examination by the defendant of Leena Tomi ("the examination"); (2) an extension of time to respond to the written examination (as amended), served on the plaintiff of August 16, 2002; and (3) a direction by the Court as to the time available for Ms. Tomi to respond to the written examination.
[3] The defendant sought an extension of time and directions.
[4] On the questions to be struck from the examination, the Court accepts the plaintiff's arguments and accordingly questions 4, 5, 6, 16, 17, 19, 20 and 21 will not have to be answered.
[5] On question 1, this is reworded here as follows:
On point 3 in your affidavit, is it not true that the selection process was not exclusively controlled by the IBMP?
[6] This question will have to be answered as reworded.
[7] On question 14, it is reworded here as follows:
On point 17.4 in your affidavit, is it not true to say that the IBMP could not take all decisions regarding management of experience by itself?
[8] This question will have to be answered as reworded.
[9] The plaintiff will have to respond to this examination on or before December 23, 2002.
[10] It should be noted that in the case at bar the defendant served the written examination on the plaintiff under Rule 99 three (3) days before expiry of the deadline for holding the cross-examination under Rule 308.
[11] The time limit available to the person examined under Rule 99 cannot be the twenty-day period specified in Rule 308.
[12] Section 99(4) of the Rules specifically provides that an affidavit containing responses to a written examination shall be served on every other party within 30 days after service of the written examination.
[13] Consequently, the time available to the person examined for answering the written examination sent by the defendant was 30 days.
[14] Additionally, the defendant will have to serve and file her record under Rule 310 within 20 days of service of the answers to the examination.
[15] The parties' motions are otherwise dismissed, without costs.
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"Richard Morneau"
Prothonotary
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20021203
Docket: T-916-02
Between:
THE ATTORNEY GENERAL OF CANADA
Plaintiff
and
JUDITH LAPIERRE
Defendant
and
CANADIAN HUMAN RIGHTS COMMISSION
Intervener
REASONS FOR ORDER AND ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: T-916-02
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
Plaintiff
and
JUDITH LAPIERRE
Defendant
and
CANADIAN HUMAN RIGHTS COMMISSION
Intervener
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 2, 2002
REASONS FOR ORDER AND ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: December 3, 2002
APPEARANCES:
Paul Deschênes for the plaintiff
Judith Lapierre for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney General of Canada
Giacomo Vigna for the intervener
Ottawa, Ontario
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