Date: 20090417
Docket: A-595-08
Citation: 2009 FCA
120
Present: NOËL J.A.
BETWEEN:
NICO
VAN DUYVENBODE
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on April 17, 2009.
REASONS
FOR ORDER BY: NOËL
J.A.
Date: 20090417
Docket: A-595-08
Citation: 2009 FCA 120
Present: NOËL
J.A.
BETWEEN:
NICO VAN DUYVENBODE
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
NOËL J.A.
[1]
The
Respondent moves to strike from the record the affidavit filed by the
Applicant.
[2]
An affidavit
must be premised upon personal knowledge. Its purpose is to adduce facts
relevant to the dispute without gloss or explanation (Bell Canada v. Canada (Canadian Human Rights Commission), (1991), 39 F.T.D. 97 at 99; Vancouver
Island Peace Society v. Canada), (1993), 64 F.T.R. 127 at 149).
[3]
It is
apparent that the applicant confuses the purpose of the affidavit which he has
filed with the submissions which he is entitled to make in support of his
application. The affidavit is replete with arguments and conclusions of law.
The usual remedy would be to strike out the parts of the affidavit that do not consist
of statements of fact. However, the applicant’s affidavit is unseverable.
[4]
The
affidavit will accordingly be struck in its entirety with leave to file a
further affidavit which conforms with the Rules.
[5]
As no
costs were sought, none are awarded.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-595-08
STYLE OF CAUSE: Nico
van Duyvenbode and Attorney General of Canada
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
DATED: April 17, 2009
WRITTEN
REPRESENTATIONS BY:
|
Nico van Duyvenbode
|
ON
HIS OWN BEHALF
|
|
Neil McGraw
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
John H. Sims, Q.C.
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
Email this Content