Deigan v. Canada (Attorney General), docket T-1056-98

Date: 19990302

Docket: T-1056-98

BETWEEN:

     RUSSELL DEIGAN,

     Applicant,

     - and -

     ATTORNEY GENERAL OF CANADA

     (Industry Canada),

     Respondent.

     REASONS FOR ORDER AND ORDER

MR. JOHN A. HARGRAVE,

PROTHONOTARY

[1]      By written motion, dated the 18th day of January, 1999, the Applicant seeks leave to file a supplementary record, leave to file an affidavit in support and an extension of time for filing a "Requisition For a Hearing" until after the supplementary record and affidavit are filed.

[2]      The Applicant's material does not include a draft of either the supplementary affidavit or of the supplementary record, which he wishes to file. The Applicant's submissions are disjointed and difficult to follow.

[3]      The new Federal Court Rules allow the filing of a supplementary affidavit and of a supplementary record, however such should only be allowed in limited instances and special circumstances, for to do otherwise would not be in the spirit of judicial review proceedings, which are designed to obtain quick relief through a summary procedure. While the general test for such supplementary material is whether the additional material will serve the interests of justice, will assist the Court and will not seriously prejudice the other side, it is also important that any supplementary affidavit and supplementary record neither deal with material which could have been made available at an earlier date, nor unduly delay the proceedings.

[4]      In the present instance, while the Applicant's material is difficult to follow, I do not see that he is referring to new events, but rather he seems to be going over past events. Further, to allow what appear to be a substantial number of disjointed assertions to be added, at this point, by a supplemental affidavit, would be conducive to substantial delay.

[5]      Taking all of these factors into consideration, this is not an appropriate instance in which to grant leave to file either further affidavit material or a supplementary record, for this is not a situation such as that in Fogal v. The Queen, an unreported 6 January 1999 decision in Action T-790-98, the special circumstances there being a straight forward and brief supplemental affidavit setting out an important and contemporaneous change of circumstances.

ORDER

                             (Sgd.) "John A. Hargrave"

                                 Prothonotary

Vancouver, British Columbia

March 2, 1999

     FEDERAL COURT TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:          T-1056-98

STYLE OF CAUSE:      RUSSELL DEIGAN

                 - and -

                 ATTORNEY GENERAL OF CANADA (INDUSTRY CANADA)

PLACE OF HEARING:      Vancouver, BC

REASONS FOR ORDER AND ORDER OF MR. JOHN A. HARGRAVE, PROTHONOTARY

dated March 2, 1999

APPEARANCES:

SOLICITORS OF RECORD:

     Deputy Attorney General of Canada