PRACTICE |
Affidavits |
Canada Post Corp. v. Canada (Minister of Public Works and Government Services)
T-1900-00
2002 FCT 1327, Noël J.
24/12/02
9 pp.
Appeal by Canada Post Corporation (CPC) of Prothonotary's decision dismissing CPC's motion to file supplementary affidavit on grounds of relevance--Whether Prothonotary erred in applying wrong principle, namely test of relevance--Relevant factors to be considered set out in Eli Lilly and Co. v. Apotex Inc. (1997), 76 C.P.R. (3d) 15 (F.C.T.D.): whether filing of supplementary affidavit would serve interest of justice; whether filing of supplementary affidavit would assist Court in making final determination; whether filing of supplementary affidavit would cause substantial or serious prejudice to other parties-- Prothonotary did not apply proper test in assessing evidence --Prothonotary should have considered factors set out in Eli Lilly--Applying factors established in Eli Lilly in present case, information contained in supplementary affidavit in interest of justice as permitting applicant to illustrate argument and might facilitate better understanding of argument --New information will eventually be useful to trial judge in making final determination--Finally, no prejudice alleged by respondent--Accordingly, three factors met and Prothonotary's decision set aside--Leave granted to applicant to file supplementary affidavit.