Date: 20090929
Docket: A-43-09
Citation: 2009 FCA
279
Present: NOËL J.A.
BETWEEN:
ROBERT
McLAUGHLIN
Applicant
and
THE
ATTORNEY GENERAL OF CANADA
Respondent
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa,
Ontario,
on September 29, 2009.
REASONS
FOR ORDER BY: NOËL
J.A.
Date: 20090929
Docket: A-43-09
Citation: 2009 FCA 279
Present: NOËL
J.A.
BETWEEN:
ROBERT McLAUGHLIN
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
NOËL J.A.
[1]
The
applicant brings a motion for an order holding the Attorney General in contempt
of Court for refusing to answer cross-examination questions in relation to its
affidavit. The premise upon which the application is brought is that the
Attorney General was bound to answer the questions in issue.
[2]
The
respondent contends that the cross-examination questions go beyond the scope of
the affidavit and are not relevant to the determination of the issue with
respect to which it was filed. As such, the respondent takes the position that
it had no obligation to answer them.
[3]
To
the extent that the applicant was of the view that the questions were relevant,
it was incumbent upon him to bring a motion to compel the respondent to answer
them. It is only after obtaining such an order and upon showing that the
respondent was non-compliant with that order that the applicant would have
grounds to seek an order for contempt under Rule 467.
[4]
The
application is dismissed with costs.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-43-09
STYLE OF CAUSE: ROBERT
McLAUGHLIN and THE ATTORNEY GENERAL OF CANADA
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
DATED: September 29, 2009
WRITTEN
REPRESENTATIONS BY:
|
Robert McLaughlin
|
SELF-REPRESENTED
|
|
Bahaa Sunallah
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
John H. Sims, Q.C.
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
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