Date: 19980611
Docket: T-668-98
MONTRÉAL, QUEBEC, THE 11th DAY OF JUNE 1998
PRESENT: RICHARD MORNEAU, PROTHONOTARY
BETWEEN: GÉRALD DUBÉ
Moving Party
AND:
HER MAJESTY THE QUEEN
-and-
ATTORNEY GENERAL OF CANADA
-and-
DEPARTMENT OF NATIONAL REVENUE
Respondents
Motion by the moving party for:
| - an order striking out the affidavit of Angelo Coppola dated May 11, 1998; |
| - directions from this Honourable Court concerning the procedure to be followed in conducting the examination of a party or the cross-examination of a new deponent. |
[Rules 54, 59, 61 et seq., 91 and 359 et seq. of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] Despite the frustration of counsel for the moving party with the affidavit filed by the respondents, I am unable to order that the affidavit of Angelo Coppola dated May 11, 1998 be struck out as I am not of the view that the deponent of this affidavit contravened Rule 307 of the Federal Court Rules, 1998. It is not hearsay for Mr. Coppola to file the decision of July 30 and the Committee"s report relating to it.
[2] Likewise, following Merck Frost Canada v. Canada, 169 N.R. 342, at page 359, and Pharmacia et al. v. Bull, 182 N.R. 158, at page 160, I am unable to force the respondents to make available a deponent who would suit the moving party better for the purposes of rounding out the evidence he needs for his application.
[3] This motion is accordingly dismissed.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
June 11, 1998
Certified true translation
Peter Douglas
FEDERAL COURT"TRIAL DIVISION
Date: 19980611
Docket: T-668-98
Between:
GÉRALD DUBÉ
Moving Party
AND:
HER MAJESTY THE QUEEN
-and-
ATTORNEY GENERAL OF CANADA
-and-
DEPARTMENT OF NATIONAL REVENUE
Respondents
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-668-98
STYLE OF CAUSE: GÉRALD DUBÉ
Moving Party
AND:
HER MAJESTY THE QUEEN
-and-
ATTORNEY GENERAL OF CANADA
-and-
DEPARTMENT OF NATIONAL REVENUE
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 8, 1998
REASONS FOR ORDER OF THE COURT BY RICHARD MORNEAU, PROTHONOTARY
Dated: June 11, 1998
APPEARANCES:
Isabelle Breton for the moving party
| Maria Grazia Bittichesu for the respondents |
- 2 - T-668-98
SOLICITORS OF RECORD:
Laurendeau Herbert for the moving party
Montréal, Quebec
George Thomson for the respondents
Deputy Attorney General of Canada
Ottawa, Ontario