T-2696-80
B E T W E E N:
SMITH, KLINE, & FRENCH LABORATORIES LIMITED,
SMITYH, KLINE & FRENCH CANADA LTD.,
GRAHAM JOHN DURANT, JOHN COLIN EMMETT
and CHARON ROBIN GANELLIN
Plaintiffs
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
AMENDED REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The motion by the Attorney General of Canada before me, was for directions as to whether or not a document included in the Crown's list of documents in the Tax Court of Canada appeal no. 95-1077(IT) ("document 73") is a document subject to the confidentiality order of this Court, in action T-2696-80. At the commencement of the hearing, counsel for the respondent to the motion, the plaintiffs in T-2696-80, asked that I deal first with certain claims for privilege made in connection with questions asked in cross-examination of an affiant of an affidavit filed in support of this motion. At that stage, it appeared to me that the purpose of the affidavit was to support an argument that document 73 had been acquired in a manner which would mean it was not subject to the confidentiality order. After some two hours, counsel for the Crown indicated that should the document sealed pursuant to the confidentiality order of the Associate Chief Justice, in this Court be substantially similar to document 73, the Crown would agree that the confidentiality order applied to document 73. I then questioned the relevance of proceeding to determine the issue of privilege. Counsel for the respondent indicated that the conduct of those acting for the Crown would be relevant to, inter alia, the directions he was seeking to remove counsel for the Crown. For such direction, he would be obliged to show some discreditable conduct.
After the lunch break, counsel for the Crown sought to have me declare moot the request for directions removing counsel, alleging it was in the jurisdiction of the Tax Court of Canada. However, before this matter could be determined, counsel agreed that I should open the sealed document and compare it with document 73, I did so.
Both documents were copies, four pages long, apparently of the same document, apparently signed by the same people on the same date. The sealed document had the following additions on the front page.
| 1. At the top left, a sticker with the following legend: |
| "This document is subject to |
|
| the order of confidentiality of |
| the Federal Court of Canada |
| dated February 14, 1985, action |
number T-2696-80."
| 2. In the centre of the top margin, a "capital letter D in a circle" both in pencil. |
| 3. At the top right in red ink the following has been hand-written: |
"D-146
to be
sealed
as confidential"
| 4. At the bottom left, a Federal Court of Canada stamp indicating the document to be an exhibit filed as "D-146 at Ottawa on September 20, 1985". |
When these additions were explained to counsel for the Crown, he agreed that document 73 was subject to the confidentiality order of this Court.
After further discussion, the matter of privilege and the directions sought by the respondent's counsel were adjourned sine die to be brought on by either party on 2 weeks notice.
O R D E R
It is found that document numbered 73 in the proceedings of the Tax Court of Canada is a document to which the confidentiality order of this Court applies.
Matters of privilege and the directions sought by counsel for the respondent are adjourned sine die to be brought on by either party on 2 weeks notice.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
November 3, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2696-80
| STYLE OF CAUSE: SMITH, KLINE, & FRENCH LABORATORIES LIMITED, SMITYH, KLINE & FRENCH CANADA LTD., GRAHAM JOHN DURANT, JOHN COLIN EMMETT and CHARON ROBIN GANELLIN |
- and -
THE ATTORNEY GENERAL OF CANADA
DATE OF HEARING: MAY 12, 1997
PLACE OF HEARING: TORONTO, ONTARIO
AMENDED REASONS
FOR ORDER AND ORDER BY: GILES, A.S.P.
DATED: NOVEMBER 3, 1997
APPEARANCES:
Mr. Robert W. Staley
For the Plaintiffs
Mr. Roger Leclaire
For the Defendant
SOLICITORS OF RECORD:
BENNETT JONES VERCHERE
Barristers & Solicitors
One First Canadian Place
34th Floor, P.O. Box 130
Toronto, Ontario
M5X 1A4
For the Plaintiffs
George Thomson
Deputy Attorney General
of Canada
For the Defendant
FEDERAL COURT OF CANADA
Court No.: T-2696-80
Between:
SMITH, KLINE, & FRENCH
LABORATORIES LIMITED, SMITYH,
KLINE & FRENCH CANADA LTD.,
GRAHAM JOHN DURANT,
JOHN COLIN EMMETT
and CHARON ROBIN GANELLIN
For the Plaintiffs
- and -
THE ATTORNEY GENERAL
OF CANADA
For the Defendant
AMENDED REASONS FOR
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