Martel v. Canada, docket T-1906-98

     Date: 19991215

     Docket: T-1906-98

MONTRÉAL, QUEBEC, DECEMBER 15, 1999

BEFORE:      RICHARD MORNEAU, PROTHONOTARY

Between:

     NANCY MARTEL,

     Plaintiff,

     AND

     HER MAJESTY THE QUEEN,

     Defendant.

     Motion by the defendant for a decision on the objections raised by counsel for the plaintiff at the examination of Nancy Martel, held in Montréal on May 28, 1999;

     AND TO ORDER the plaintiff to submit to a new oral examination at her own expense to answer the defendant"s questions dealing with all aspects of the matter;

     OR TO MAKE any other order the Court shall consider appropriate.

     [Rule 97 of Federal Court Rules (1998)]

     REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, PROTHONOTARY:

[1]      The Court has before it a motion by the defendant for a ruling in her favour on certain objections made by counsel for the plaintiff at the latter"s examination for discovery.

[2]      The plaintiff is claiming the sum of $800,000 in damages from the defendant.

[3]      The plaintiff alleged that in the course of her voluntary participation in an investigation by the Royal Canadian Mountain Police ("R.C.M.P."), members of the R.C.M.P. committed wrongful acts which forced the plaintiff to enter a witness protection program.

[4]      The plaintiff alleged that she had to move, change her identity and cut off all ties with her family, friends and boyfriend.

[5]      The plaintiff also alleged that the R.C.M.P. failed in its undertaking to protect the plaintiff.

[6]      For the purposes of the case at bar, it must be acknowledged in general terms that the defendant is entitled to put questions about the following points:

(a)      her boyfriend;

(b)      relations with her boyfriend and family before and after her relocation;

(c)      her income;

(d)      her movements since relocation;

(e)      her current place of residence and all her activities and associations since her examination which are relevant to the action.

[7]      The Court accordingly directs the plaintiff to again appear at her expense at the location to be agreed on between the parties so that the plaintiff may answer:

(a)      the questions covered by objections 1 to 3 and 5 to 13, and any further question resulting from those questions;

(b)      any question regarding;

"      her boyfriend;

"      her relations with her boyfriend and family before and after her relocation;

"      her income;

"      her movements since her relocation;

"      her current place of residence and all her activities and associations since her examination that are relevant to the action.

Richard Morneau Prothonotary

Certified true translation

Bernard Olivier, LL. B.

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Federal Court of Canada      Trial Division      Date: 19991215      Docket: T-1906-98 Between: NANCY MARTEL,      Plaintiff, AND HER MAJESTY THE QUEEN,      Defendant.      REASONS FOR ORDER      AND ORDER

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:      T-1906-98

STYLE OF CAUSE:      NANCY MARTEL,

     Plaintiff,

             AND

             HER MAJESTY THE QUEEN,

     Defendant.

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      December 13, 1999

REASONS FOR ORDER BY:      RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:      December 15, 1999

APPEARANCES:

Mylène Cyr          for the plaintiff

Francis Archambault      for the defendant

SOLICITORS OF RECORD:

Mylène Cyr          for the plaintiff

Montréal, Quebec

Morris Rosenberg      for the defendant

Deputy Attorney General of Canada