Duyvenbode v. Canada (Attorney General)
Court headnote
Duyvenbode v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2009-04-17 Neutral citation 2009 FCA 120 File numbers A-595-08 Decision Content Date: 20090417 Docket: A-595-08 Citation: 2009 FCA 120 Present: NOËL J.A. BETWEEN: NICO VAN DUYVENBODE Applicant and ATTORNEY GENERAL OF CANADA Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on April 17, 2009. REASONS FOR ORDER BY: NOËL J.A. Date: 20090417 Docket: A-595-08 Citation: 2009 FCA 120 Present: NOËL J.A. BETWEEN: NICO VAN DUYVENBODE Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER NOËL J.A. [1] The Respondent moves to strike from the record the affidavit filed by the Applicant. [2] An affidavit must be premised upon personal knowledge. Its purpose is to adduce facts relevant to the dispute without gloss or explanation (Bell Canada v. Canada (Canadian Human Rights Commission), (1991), 39 F.T.D. 97 at 99; Vancouver Island Peace Society v. Canada), (1993), 64 F.T.R. 127 at 149). [3] It is apparent that the applicant confuses the purpose of the affidavit which he has filed with the submissions which he is entitled to make in support of his application. The affidavit is replete with arguments and conclusions of law. The usual remedy would be to strike out the parts of the affidavit that do not consist of statements of fact. However, the applicant’s affidavit is unseverable. [4] The affidavit will accordingly be struck in it…
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Duyvenbode v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2009-04-17 Neutral citation 2009 FCA 120 File numbers A-595-08 Decision Content Date: 20090417 Docket: A-595-08 Citation: 2009 FCA 120 Present: NOËL J.A. BETWEEN: NICO VAN DUYVENBODE Applicant and ATTORNEY GENERAL OF CANADA Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on April 17, 2009. REASONS FOR ORDER BY: NOËL J.A. Date: 20090417 Docket: A-595-08 Citation: 2009 FCA 120 Present: NOËL J.A. BETWEEN: NICO VAN DUYVENBODE Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER NOËL J.A. [1] The Respondent moves to strike from the record the affidavit filed by the Applicant. [2] An affidavit must be premised upon personal knowledge. Its purpose is to adduce facts relevant to the dispute without gloss or explanation (Bell Canada v. Canada (Canadian Human Rights Commission), (1991), 39 F.T.D. 97 at 99; Vancouver Island Peace Society v. Canada), (1993), 64 F.T.R. 127 at 149). [3] It is apparent that the applicant confuses the purpose of the affidavit which he has filed with the submissions which he is entitled to make in support of his application. The affidavit is replete with arguments and conclusions of law. The usual remedy would be to strike out the parts of the affidavit that do not consist of statements of fact. However, the applicant’s affidavit is unseverable. [4] The affidavit will accordingly be struck in its entirety with leave to file a further affidavit which conforms with the Rules. [5] As no costs were sought, none are awarded. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-595-08 STYLE OF CAUSE: Nico van Duyvenbode and Attorney General of Canada MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: Noël J.A. DATED: April 17, 2009 WRITTEN REPRESENTATIONS BY: Nico van Duyvenbode ON HIS OWN BEHALF Neil McGraw FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca