Date: 20021023
Docket: T-750-02
Neutral citation: 2002 FCT 1100
Winnipeg, Manitoba, this 23rd day of October, 2002
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
LUC FOURNIER
Applicant
- and -
THE SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] This is a motion made by the applicant on October 7, 2002 for leave to serve and file a further affidavit of Luc Fournier, dated September 30, 2002.
[2] A perusal of the affidavit shows that it is primarily a reorganization of the applicant's first affidavit, which he filed without the assistance of counsel.
[3] The respondent takes exception to paragraphs 11 and 19 of the proposed affidavit and states that it is not necessary to file the further affidavit.
[4] I have reviewed paragraphs 11 and 19 and I am of the view that both paragraphs can remain part of the affidavit. Paragraph 11 states that two supervisors were not trained complaint assessors. It seems to me that this is a statement of fact. The applicant may be right or wrong about this fact. I should add that there does not appear to be a definition for "complaint assessor" and the applicant addresses this argument as a procedural right to have trained complaint assessors.
[5] As to paragraph 19 of the affidavit, this paragraph also makes statements of fact.
[6] I am satisfied that the proposed affidavit meets the test for granting leave: it serves the interests of justice, it will assist the Court in deciding the final issue and it will not cause substantial prejudice to the respondent (see Wayzhushk Onigum Nation v. Kakeway, [2000] F.C.J. No. 156 (QL) (Proth.) and Eli Lilly and Co. v. Apotex Inc., [1997] F.C.J. No. 1240 (QL) (T.D.)).
[7] The applicant's motion for leave to serve and file the further affidavit of Luc Fournier, dated September 30, 2002, is granted. The affidavit is to be served and filed within two days of the receipt of this order.
[8] As Justice Noel ordered that cross-examinations of the parties were to have been completed no later than October 11, 2002, I order that cross-examinations of the parties shall be completed by November 8, 2002.
[9] There shall be no order as to costs.
ORDER
[10] IT IS ORDERED that:
1. Leave to serve and file the further affidavit of Luc Fournier is granted and the affidavit is to be served and filed within two days of the receipt of this order.
2. Cross-examinations of the parties shall be completed by November 8, 2002.
"John A. O'Keefe"
J.F.C.C.
Winnipeg, Manitoba
October 23, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-750-02
STYLE OF CAUSE: LUC FOURNIER
- and -
THE SOLICITOR GENERAL OF CANADA
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: Monday, October 7, 2002
REASONS FOR ORDER AND ORDER OF O'KEEFE J.
DATED: Wednesday, October 23, 2002
APPEARANCES:
Ms. Melodi Ulku
FOR APPLICANT
Mr. Rick Garvin
FOR RESPONDENT
SOLICITORS OF RECORD:
Bishop & McKenzie LLP
Suite 2500
10104 - 103 Avenue
Edmonton, Alberta
T5J 1V3
FOR APPLICANT
Department of Justice
211 Bank of Montreal Building
10199 - 101 Street
Edmonton, Alberta
T5J 3Y4
FOR RESPONDENT
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20021023
Docket: T-750-02
BETWEEN:
LUC FOURNIER
Applicant
- and -
THE SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
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