Date: 20010418
Docket: T-2407-96
Neutral citation: 2001 FCT 347
BETWEEN:
GEORGE WILLIAM HARRIS
Plaintiff
-and-
HER MAJESTY THE QUEEN and
THE MINISTER OF NATIONAL REVENUE
Defendants
REASONS FOR ORDER AND ORDER
HENEGHAN J.
[1] The Plaintiff brought a notice of motion seeking an Order to allow him to cross-examine Roy Shultis upon the amended certificate filed by him pursuant to the Canada Evidence Act, R.S. 1985, c. C-5, section 38(2) (the "Act").
[2] The Plaintiff argues that since the Defendants have the right to cross-examine him upon his affidavit filed in support of the notice of motion seeking disclosure pursuant to the Federal Court Rules, 1998, Rule 229, the interests of fairness dictate that he should be allowed to cross-examine Mr. Shultis.
[3] Furthermore, the Plaintiff submits that he should be allowed to explore the bases for the opinions expressed by Mr. Shultis in paragraphs 7 to 9 and 17 to 17 of his certificate.
[4] The Defendants submit that there is no right, according to statute or the common law, for cross-examination on a certificate issued pursuant to the Act. As well, the Defendants say that the sufficiency of the certificate is a matter to be considered upon the hearing of the notice of motion seeking disclosure under Rule 229.
[5] I accept the submissions made by the Defendants and choose to follow the decision in Kevork et al. v. The Queen et al., [1984] 2 F.C. 753.
[6] The decision to allow or refuse cross-examinations on a certificate issued under the Act is a discretionary one. The exercise of discretion is related to the evidentiary basis laid by the party seeking the discretionary order.
[7] In the present circumstances, I am not satisfied that the Plaintiff has shown why he should be allowed to cross-examine Mr. Shultis on his certificate. The Plaintiff has not shown a compelling reason why the general rule should not apply.
ORDER
[8] The motion is dismissed, no order as to costs.
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
April 18, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2407-96
STYLE OF CAUSE: GEORGE WILLIAM HARRIS
Plaintiff
-and-
HER MAJESTY THE QUEEN and
THE MINISTER OF NATIONAL REVENUE
Defendants
DATE OF HEARING: TUESDAY, APRIL 18, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: HENEGHAN J.
DATED: WEDNESDAY, APRIL 18, 2001
APPEARANCES BY:
Teleconference: Mr. Norm Cuddy, and
Mr. Michael Conner
For the Plaintiff
Mr. Peter Kremer
For the Defendants
SOLICITORS OF RECORD: Scurfield, Tapper, Cuddy
Barristers & Solicitors
1000-330 Saint Mary Ave.
Winnipeg, Manitoba
R3C 3Z5
Public Interest Law Centre
Legal Aid Manitoba
402-294 Portage Ave.
Winnipeg, Manitoba
R3C 0B8
For the Plaintiff
Morris Rosenberg
Deputy Attorney General of Canada
For the Defendants
FEDERAL COURT OF CANADA
Date: 20010418
Docket: T-2407-96
Between:
GEORGE WILLIAM HARRIS
Plaintiff
-and-
HER MAJESTY THE QUEEN and
THE MINISTER OF NATIONAL REVENUE
Defendants
REASONS FOR ORDER
AND ORDER
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