Date: 20060628

Docket: T-498-06

Citation: 2006 FC 822

Montréal, Quebec, June 28, 2006

Present: Richard Morneau, Prothonotary

BETWEEN:

SKANDER TOURKI

Applicant

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

REASONS FOR ORDER AND ORDER

[1]       WHEREAS the applicant’s motion by and large seeks to simply annex to the applicant’s affidavit on the merits, which was filed on time on May 1, 2006, under section 203 of the Federal Courts Rules (the applicant’s affidavit), the transcripts of testimonies to which this affidavit already refers but for which the transcripts were not available on May 1, 2006;

[2]       WHEREAS the delay incurred in obtaining the transcripts is not disputed by the parties in this case;

[3]       WHEREAS the applicant’s affidavit already takes into account and refers to the decision of Mr. Justice Harrington dated January 19, 2006, and this decision itself summarizes the testimonies of which the applicant seeks to file the transcripts;

[4]       WHEREAS, the Court having rendered a decision on January 19, 2006, it is obvious that, even without the filing of the transcripts in question, the respondent—because of the already existing content of the affidavit—would have had to have debated, when the application for judicial review was heard on the merits, the relevancy and the admissibility of the applicant’s referring to testimonies which were not, in form or content, before the decision-maker on March 10, 2004;

[5]       WHEREAS I am not of the view that the addition of the transcripts would change this situation and cause real harm to the respondent;

[6]       WHEREAS, at the hearing on June 19, 2006, the parties agreed that all the evidence in docket number T-903-04 be filed should this motion be allowed;

ORDER

FOR THESE REASONS, THE COURT ALLOWS the applicant’s motion as follows, without costs:

-         Within ten (10) days of this order, the applicant will serve and file in the Court record as Exhibit P-11, as an annex to the affidavit of Skander Tourki dated May 1, 2006, all the evidence (testimonies and exhibits) filed in docket number T-903-04;

-         The time limit specified in section 307 of the Rules will begin to run from the date of the service mentioned above.

"Richard Morneau"

Certified true translation

Michael Palles

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-498-06

STYLE OF CAUSE:                          SKANDER TOURKI

                                                            and                              

                                                            THE MINISTER OF PUBLIC SAFETY AND

                                                            EMERGENCY PREPAREDNESS

PLACE OF HEARING:                    Montréal, Quebec

DATE OF HEARING:                      June 19, 2006

REASONS FOR ORDER BY:         PROTHONOTARY MORNEAU

DATED:                                             June 28, 2006

APPEARANCES:

SOLICITORS OF RECORD: