Date: 20050418
Docket: A-82-05
Citation: 2005 FCA 141
Present: LÉTOURNEAU J.A.
BETWEEN:
TREVOR JACOBS
Appellant
and
SPORTS INTERACTION
Respondent
Dealt with in writing without appearance of parties.
Order and reasons for order delivered at Ottawa, Ontario, on April 18, 2005.
ORDER AND REASONS FOR ORDER BY: LÉTOURNEAU J.A.
Date: 20050418
Docket: A-82-05
Citation: 2005 FCA 141
Present: LÉTOURNEAU J.A.
BETWEEN:
TREVOR JACOBS
Appellant
and
SPORTS INTERACTION
Respondent
ORDER AND REASONS FOR ORDER
LÉTOURNEAU J.A.
[1] This is a motion pursuant to Rule 343(3) to determine the content of the appeal book. The appellant objects to the inclusion of the Kahnawake Gaming Law (Law) into the appeal book.
[2] The record establishes that the Law was filed by the appellant before the Federal Court as exhibit TS-1 through the examination of Mrs. Tina Stacey on her affidavit: see pages 65 and 78 to 80 of the appellant's motion record. As it is relevant to the issues in the appeal, it should, therefore, be included in the appeal book pursuant to Rule 344(1)(d). In any event, it could be included in the joint Book of authorities pursuant to Rule 348(1)(a).
[3] In view of the agreement of the parties as to exhibit A, such exhibit will be excluded from the appeal book along with exhibits Band F. The three exhibits were mentioned in the affidavit of Mrs. Tina Stacey.
[4] IT IS HEREBY ORDERED that the content of the appeal book be the following:
1. Notice of Appeal dated February 24, 2005;
2. Judgment rendered by the Trial Division of the Federal Court on January 26, 2005;
3. Notice of Application for Judicial Review filed by Respondent dated July 30, 2004;
4. Decision rendered by the adjudicator Me Jacques V. Marchessault dated June 30, 2004;
5. Affidavit of Tina Stacey dated August 23, 2004, without Exhibits A, B, and F;
6. Transcript of Tina Stacey's cross-examination on affidavit held on October 5, 2004 and all exhibits filed on said cross-examination, including, notably, Exhibits TS-1;
7. Affidavit of Appellant dated September 22, 2004;
8. Transcript of Appellant's cross-examination held on October 5, 2004;
"Gilles Létourneau"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-82-05
STYLE OF CAUSE: TREVOR JACOBS v. SPORTS INTERACTION
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
ORDER AND REASONS
FOR ORDER BY: LÉTOURNEAU J.A.
DATED: April 18, 2005
WRITTEN REPRESENTATIONS BY:
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Chantal Poirier
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FOR THE APPELLANT
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Dan Goldstein
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Matteau Poirier avocats Inc.
Montreal, Québec
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FOR THE APPELLANT
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Schneider & Gaggino G.P.
Dorval, Québec
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FOR THE RESPONDENT
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