T-2062-96
Ottawa, Ontario, this 20th day of June 1997.
Present: The Honourable Mr. Justice Lutfy
Between:
PIERRE DEVINAT,
Applicant,
and
IMMIGRATION AND REFUGEE BOARD,
Respondent,
and
COMMISSIONER OF OFFICIAL LANGUAGES,
Intervener.
ORDER
UPON motion by the respondent for an order authorizing the filing of a supplementary affidavit by Robert Desperrier;
THE COURT ORDERS THAT:
(1) The motion is allowed;
| (2) The respondent is given leave to file the supplementary affidavit of Robert Desperrier dated May 13, 1997 (seven paragraphs) within five days of the date of this order; |
| (3) The applicant may cross-examine Robert Desperrier concerning his supplementary affidavit dated May 13, 1997 (seven paragraphs) and, if he deems appropriate, file the transcript of the cross-examination by July 15, 1997, at the latest. |
Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
T-2062-96
Ottawa, Ontario, this 20th day of June 1997.
Present: The Honourable Mr. Justice Lutfy
Between:
PIERRE DEVINAT,
Applicant,
and
IMMIGRATION AND REFUGEE BOARD,
Respondent,
and
COMMISSIONER OF OFFICIAL LANGUAGES,
Intervener.
ORDER
UPON motion by the applicant for an order authorizing the filing of a supplementary affidavit by Pierre Devinat;
THE COURT ORDERS THAT:
(1) The motion is allowed;
| (2) The applicant is given leave to file his supplementary affidavit dated May 27, 1997 within five days of the date of this order; |
| (3) The respondent may cross-examine the applicant concerning his supplementary affidavit dated May 27, 1997 and, if it deems appropriate, file the transcript of the cross-examination by July 15, 1997, at the latest. |
Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
T-2062-96
Ottawa, Ontario, this 20th day of June 1997.
Present: The Honourable Mr. Justice Lutfy
Between:
PIERRE DEVINAT,
Applicant,
and
IMMIGRATION AND REFUGEE BOARD,
Respondent,
and
COMMISSIONER OF OFFICIAL LANGUAGES,
Intervener.
ORDER
UPON motion by the respondent for:
1. An order striking out Part I (pages 1 to 12) of the applicant's Supplementary Record;
2. In the alternative, an order granting the respondent leave to file a reply to the arguments raised relating to section 20 of the Official Languages Act and the preliminary arguments in the applicant's Supplementary Record;
3. If the motion for leave to file the supplementary affidavit of Pierre Devinat is allowed, an order granting the respondent leave to:
(i) cross-examine Pierre Devinat on the supplementary affidavit, and
| (ii) respond to the questions raised in the supplementary affidavit of Pierre Devinat in the respondent's reply; |
.../2
4. An order extending the time within which the Board may file its reply and giving the Board leave to file its reply:
| C within twenty days following the disposition of the notices of motion now before the Court; or |
| C within twenty days following completion of cross-examinations on the supplementary affidavits of Pierre Devinat if the motions for leave to file them in the record are allowed; |
whichever is later.
THE COURT ORDERS THAT:
| (1) The order of Nadon J. dated March 17, 1997 is varied to extend the time within which the respondent may file its reply relating to the preliminary arguments raised when its record was filed to June 24, 1997, at the latest; |
| (2) All of the other relief sought in the said motion is denied. |
Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
T-2062-96
BETWEEN:
PIERRE DEVINAT,
Applicant,
and
IMMIGRATION AND REFUGEE BOARD,
Respondent,
and
COMMISSIONER OF OFFICIAL LANGUAGES,
Intervener.
REASONS FOR ORDER
LUTFY J.
Upon reflection, I thought it appropriate to briefly state my reasons with respect to the three orders made in the interlocutory motions argued before me yesterday.
The applicant consented to the late filing of the first affidavit of Robert Desperrier dated May 13, 1997. There has been no cross-examination on affidavits to date. The applicant and the respondent indicated their intention to seek leave to file supplementary affidavits before the deadline which had been set by Nadon J. on March 17, 1997. If leave were to be given to file supplementary affidavits, the parties asked that they be allowed to cross-examine.
For these reasons, I concluded that I could exercise my discretion in favour of each of the parties to allow the record to be supplemented in terms of the facts, as they had requested. Accordingly, I granted leave to file the supplementary affidavits of the respondent Board and Robert Desperrier.
After reading both the applicant's memorandum and supplementary memorandum and the respondent's memorandum, I concluded that the parties had already addressed the points of law that might be affected by the supplementary affidavits and that there was no need to file further memoranda.
"Allan Lutfy"
Judge
Ottawa, Ontario
June 20, 1997
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-2062096
STYLE OF CAUSE: Pierre Devinat
v. Immigration and Refugee Board et al.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: June 19, 1997
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE LUTFY
DATED: June 20, 1997
APPEARANCES:
Pierre Devinat FOR THE APPLICANT
François Lemieux FOR THE RESPONDENT
Elizabeth Grace FOR THE INTERVENOR
SOLICITORS OF RECORD:
Pierre Devinat FOR THE APPLICANT
Hull, Quebec
François Lemieux FOR THE RESPONDENT
Osler, Hoskin & Harcourt
Ottawa, Ontario
Elizabeth Grace FOR THE INTERVENOR
Office of the Commissioner
of Official Languages
Ottawa, Ontario
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