Construction and Specialized Workers' Union, local 1611 v. Canada (Citizenship and Immigration)

Construction and Specialized Workers' Union, local 1611 v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2013-05-10
Neutral citation
2013 FC 495
File numbers
IMM-11316-12
Decision Content
Date: 20130510
Docket: IMM-11316-12
Citation: 2013 FC 495
Vancouver, British Columbia, May 10, 2013
PRESENT: The Honourable Mr. Justice Manson
BETWEEN:
CONSTRUCTION AND SPECIALIZED WORKERS’ UNION, LOCAL 1611; INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 115
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION;
THE MINISTER OF HUMAN RESOURCES AND SKILLS DEVELOPMENT CANADA;
HD MINING INTERNATIONAL LTD.; CANADIAN DEHUA INTERNATIONAL
MINES GROUP INC.; AND
HUIYONG HOLDINGS (BC) LTD.
Respondents
REASONS FOR ORDER AND ORDER
UPON MOTION dated April 8, 2013, on behalf of HD Mining International Ltd. and Huiyong Holdings (BC) Ltd. (the HD Respondents) for an order that the Applicants, Construction and Specialized Workers’ Union, Local 1611 and International Union of Operating Engineers, Local 115 (the Applicant Unions), to pay costs to the HD Respondents for the cross-examinations on March 22, 2013 and April 5 2013;
AND UPON reading the motion record of the HD Respondents dated April 8, 2013, the Applicants’ Reply Argument and motion record dated April 23, 2013, the HD Respondents’ Supplemental motion record dated April 30, 2013, and the Sur-Reply of the Applicants dated May 6, 2013;
The HD Respondents’ motion is dismissed, for the reasons that follow.
[1] By my Order dated April 4, 2013, I granted the consent Order to have the Applicants’ affiants, Mark Olsen and Brian Cochrane, attend for cross-examination on or before April 5, 2013, to answer specific questions set out in the schedules attached to my Order and any related follow-up questions;
[2] My Order of April 4, 2013, specifically excluded any reference to produce additional documents, upon the understanding that counsel for the Applicants maintained their previous objection to produce any such documents, on the basis of alleged privilege, and that the HD Respondents specifically sought to compel the answers to questions refused during prior cross-examinations only, as set out in their motion of March 28, 2013. Notwithstanding Federal Courts Rule 94, the re-attendance I ordered for further cross-examinations limited the scope of questions to those referenced in the schedules to my Order of April 4, 2013, nothing more.
ORDER
THIS COURT ORDERS that:
1. The HD Respondents’ motion is dismissed.
2. Costs to the Applicants shall be in the cause.
"Michael D. Manson"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-11316-12
STYLE OF CAUSE: CONSTRUCTION AND SPECIALIZED WORKERS’
UNION, LOCAL 1611 AND OTHERS v. THE MINISTER
OF CITIZENSHIP AND IMMIGRATION AND OTHERS
MOTION IN WRITING CONSIDERED AT VANCOUVER, BRITISH COLUMBIA PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER: MANSON, J.
DATED: May 10, 2013
WRITTEN REPRESENTATIONS
Charles Gordon
Lorne Waldman
FOR THE APPLICANTS
Joan M. Young
Robin Junger
Andrew Aguilar
Aleksandar (Alex) Stojicevic
FOR THE RESPONDENTS,
HD MINING INTERNATIONAL LTD.
AND HUIYONG HOLDINGS (BC) LTD.
SOLICITORS OF RECORD:
Glavin Gordon Clements
Barristers & Solicitors
Vancouver, British Columbia
Lorne Waldman & Associates
Barristers & Solicitors
Toronto, Ontario
FOR THE APPLICANTS
McMillan LLP
Barristers & Solicitors
Vancouver, British Columbia
Maynard Kischer Stojicevic
Barristers & Solicitors
Vancouver, British Columbia
FOR THE RESPONDENTS,
HD MINING INTERNATIONAL LTD. AND HUIYONG HOLDINGS (BC) LTD.