Azouz v. Canada (Attorney General)
Court headnote
Azouz v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2001-02-27 Neutral citation 2001 FCT 126 File numbers T-34-99 Decision Content Date: 20010227 Docket: T-34-99 Neutral citation: 2001 FCT 126 MONTREAL, QUEBEC, FEBRUARY 27, 2001 BEFORE: RICHARD MORNEAU, PROTHONOTARY Between: GABRIEL AZOUZ Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR ORDER AND ORDER RICHARD MORNEAU, PROTHONOTARY [1] The Court has before it a motion by the plaintiff asking the Court to resolve in its favour certain objections made by counsel for the defendant at the cross-examination on affidavit of the latter's deponent. [2] I intend to allow the questions identified at the hearing as follows: page 11, line 27; page 16, line 3; and page 9, line 11. It appears that these questions are relevant to the purpose for which Mario Caron's affidavit was filed. These questions are therefore relevant even if they may be strictly speaking seen as going beyond the "four corners" of the said affidavit. [3] The record concerned by these questions is that described by Mr. Caron at page 10, lines 5 to 9. [4] The answers to the questions on page 16, line 3 and page 19, line 11 will involve the production of documents, if documents are found. [5] The answers to the three preceding questions will have to be given in writing on or before March 19, 2001. I do not intend to allow the examination to continue in respect of these questions. It seems to me that it is fair in the circu…
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Azouz v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2001-02-27 Neutral citation 2001 FCT 126 File numbers T-34-99 Decision Content Date: 20010227 Docket: T-34-99 Neutral citation: 2001 FCT 126 MONTREAL, QUEBEC, FEBRUARY 27, 2001 BEFORE: RICHARD MORNEAU, PROTHONOTARY Between: GABRIEL AZOUZ Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR ORDER AND ORDER RICHARD MORNEAU, PROTHONOTARY [1] The Court has before it a motion by the plaintiff asking the Court to resolve in its favour certain objections made by counsel for the defendant at the cross-examination on affidavit of the latter's deponent. [2] I intend to allow the questions identified at the hearing as follows: page 11, line 27; page 16, line 3; and page 9, line 11. It appears that these questions are relevant to the purpose for which Mario Caron's affidavit was filed. These questions are therefore relevant even if they may be strictly speaking seen as going beyond the "four corners" of the said affidavit. [3] The record concerned by these questions is that described by Mr. Caron at page 10, lines 5 to 9. [4] The answers to the questions on page 16, line 3 and page 19, line 11 will involve the production of documents, if documents are found. [5] The answers to the three preceding questions will have to be given in writing on or before March 19, 2001. I do not intend to allow the examination to continue in respect of these questions. It seems to me that it is fair in the circumstances for the plaintiff to simply receive an answer to these questions. [6] I consider that the defendant's letter of December 20, 2000 provides an answer to the questions at page 69, line 19 and page 70, line 2. No further answer will therefore be necessary. [7] The third point raised by the plaintiff's motion was summarily dismissed in court for the reasons given at that time. [8] The plaintiff's motion is otherwise dismissed. [9] As the instant motion was only partly successful, no costs will be awarded herein. [10] This order is applicable mutatis mutandis to case T-35-99. Richard Morneau Prothonotary Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Federal Court of Canada Trial Division Date: 20010227 Docket: T-34-99 Between: GABRIEL AZOUZ Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: T-34-99 STYLE OF CAUSE: GABRIEL AZOUZ Plaintiff AND THE ATTORNEY GENERAL OF CANADA Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 12, 2001 REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY DATED: February 27, 2001 APPEARANCES: Marc A. Leduc for the plaintiff Patrick James Blaine Maria Grazia Bittichesu for the defendant SOLICITORS OF RECORD: Sweibel Novek for the plaintiff Montréal, Quebec Morris Rosenberg for the defendant Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca