PRACTICE |
Discovery |
Examination for Discovery |
Canada v. Native Council of Canada
T-66-86A
2002 FCT 693, Hugessen J.
18/6/02
6 pp.
Motions by plaintiffs for leave to put interrogatories by way of examination for discovery to interveners and by intervener Native Council of Canada (Alberta) to plaintiffs and defendant--No right to discovery by or of interveners because Federal Court Rules, 1998 limiting discoveries to parties, defining relevance of questions on examination for discovery by reference to pleadings--Interveners not parties-- Statements of intervention not pleadings and not giving rise to kind of allegation of fact lending itself to examination for discovery--Order for examination by, of intervener exceptional--Although unnecessary to decide herein, r. 238 (setting out criteria for examination of non-parties) not applicable to examination of, by interveners--But rr. 238, 239 making it quite clear examination for discovery of non-parties exceptional remedy--Burden on anyone moving to conduct such examination to persuade Court that necessary for just, expeditious, least expensive, fair disposition of case-- Proposed questions not necessary within that context-- Plaintiffs will not suffer prejudice if not allowed to explore implicit allegations of fact contained in statements of intervention--Several of proposed questions extraordinarily burdensome in terms of work required--Would inevitably add enormously to time required before hearing--Motions dismissed--Federal Court Rules, 1998, SOR/98-106, rr. 238, 239.