Date: 20010227
Docket: T-34-99
Neutral citation: 2001 FCT 126
MONTREAL, QUEBEC, FEBRUARY 27, 2001
BEFORE: RICHARD MORNEAU, PROTHONOTARY
Between:
GABRIEL AZOUZ
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] The Court has before it a motion by the plaintiff asking the Court to resolve in its favour certain objections made by counsel for the defendant at the cross-examination on affidavit of the latter's deponent.
[2] I intend to allow the questions identified at the hearing as follows: page 11, line 27; page 16, line 3; and page 9, line 11. It appears that these questions are relevant to the purpose for which Mario Caron's affidavit was filed. These questions are therefore relevant even if they may be strictly speaking seen as going beyond the "four corners" of the said affidavit.
[3] The record concerned by these questions is that described by Mr. Caron at page 10, lines 5 to 9.
[4] The answers to the questions on page 16, line 3 and page 19, line 11 will involve the production of documents, if documents are found.
[5] The answers to the three preceding questions will have to be given in writing on or before March 19, 2001. I do not intend to allow the examination to continue in respect of these questions. It seems to me that it is fair in the circumstances for the plaintiff to simply receive an answer to these questions.
[6] I consider that the defendant's letter of December 20, 2000 provides an answer to the questions at page 69, line 19 and page 70, line 2. No further answer will therefore be necessary.
[7] The third point raised by the plaintiff's motion was summarily dismissed in court for the reasons given at that time.
[8] The plaintiff's motion is otherwise dismissed.
[9] As the instant motion was only partly successful, no costs will be awarded herein.
[10] This order is applicable mutatis mutandis to case T-35-99.
Richard Morneau
Prothonotary
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Federal Court of Canada
Trial Division
Date: 20010227
Docket: T-34-99
Between:
GABRIEL AZOUZ
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-34-99
STYLE OF CAUSE: GABRIEL AZOUZ
Plaintiff
AND
THE ATTORNEY GENERAL OF CANADA
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 12, 2001
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: February 27, 2001
APPEARANCES:
Marc A. Leduc for the plaintiff
Patrick James Blaine
Maria Grazia Bittichesu for the defendant
SOLICITORS OF RECORD:
Sweibel Novek for the plaintiff
Montréal, Quebec
Morris Rosenberg for the defendant
Deputy Attorney General of Canada
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