Date: 20000518
Docket: A-387-98
CORAM: LINDEN J.A.
ROBERTSON J.A.
SHARLOW J.A.
BETWEEN:
BOURQUE, PIERRE & FILS LTÉE
Appellant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Ottawa, Ontario, on Thursday, May 18, 2000
JUDGMENT delivered from the Bench at Ottawa, Ontario, on Thursday, May 18, 2000
REASONS FOR JUDGMENT BY: ROBERTSON J.A.
Date: 20000518
Docket: A-387-98
CORAM: LINDEN J.A.
ROBERTSON J.A.
SHARLOW J.A.
BETWEEN:
BOURQUE, PIERRE & FILS LTÉE
Appellant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario
on Thursday, May 18, 2000)
ROBERTSON J.A.
We are all of the view that the Motions Judge did not err in exercising his discretion by dismissing the appellant"s motion for leave to file affidavit evidence in response to the respondent"s motion for summary judgment. In particular, we can find no basis to interfere with the Motions Judge"s conclusion that: "It is difficult to characterize the totality of these circumstances other than as an abuse of the Court"s process". Having regard to that determination, it is unnecessary for us to deal with the res judicata issue. The appeal will be dismissed with costs.
"J.T. Robertson"
J.A.
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