Martel v. Canada

Martel v. Canada

The motion to strike out was dismissed as excessively harsh; instead the applicant was ordered to serve a more complete affidavit of documents under sealed cover by July 26, 2002 listing specified documents and to send copies to counsel for the respondent; costs of $450 were ordered payable by the applicant to the respondent within 30 days.

Citation
2002 FCT 279
Parties
Applicant (respondent): NANCY MARTEL; Respondent (applicant): HER MAJESTY THE QUEEN
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 March 2002
Procedural Posture
Federal Court Motion (rules 167 and 227) / Motion (hearing March 11, 2002)
Outcome
Motion to strike out dismissed
Legal Topics
Striking Out, Affidavit of Documents, Production of Documents, Costs, Delay
Source Language
English
Civil Procedure Evidence Federal Court Practice Striking Out Affidavit of Documents Production of Documents Costs Delay

Case Brief

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Parties

NANCY MARTEL

Applicant (respondent)

HER MAJESTY THE QUEEN

Respondent (applicant)

Procedural Posture

Federal Court Motion (rules 167 and 227) / Motion (hearing March 11, 2002)

Legal Issues

  1. 1 Whether the respondent's motion to strike out should be granted for undue delay and production of an inaccurate/incomplete affidavit
  2. 2 Whether the appropriate remedy is striking out or an order to produce a more complete affidavit of documents
  3. 3 Whether costs should be awarded for the conduct complained of

Ratio Decidendi

The motion to strike out was dismissed as excessively harsh; instead the applicant was ordered to serve a more complete affidavit of documents under sealed cover by July 26, 2002 listing specified documents and to send copies to counsel for the respondent; costs of $450 were ordered payable by the applicant to the respondent within 30 days.

Court Disposition

Motion to strike out dismissed

Orders

  • Applicant to serve under sealed cover by July 26, 2002 a more complete affidavit of documents listing: (1) the applicant's notes to which exhibit 32 in the affidavit refers; (2) the applicant's medical records; (3) any relevant document obtained by the applicant under her new identity or any other identity
  • A copy of the listed documents shall be sent at the same time to counsel for the respondent