PRACTICE |
Affidavits |
Express File, Inc. v. HRB Royalty, Inc.
A-364-03, A-365-03
2004 FCA 341, Pelletier J.A.
15/9/04
4 pp.
Appeal from Federal Court's dismissal of appeal ((2003), 27 C.P.R. (4th) 246) from Prothonotary's order striking certain paragraphs of affidavit on ground hearsay, contrary to Federal Court Rules, 1998, r. 81--Before Prothonotary, motions Judge appellant arguing evidence admissible under principled exception to hearsay rule--But before Federal Court of Appeal appellant relying on Canadian Tire Corp. v. P.S. Partsource Inc. (2001), 11 C.P.R. (4th) 386 (F.C.A.) to argue Prothonotary, motions Judge erred in deciding question of admissibility at interlocutory stage as no evidence before them that fact which appellant sought to prove by hearsay evidence controversial issue--Appeal dismissed--Issue of admissibility already decided twice--As no errors in decisions of Prothonotary, motions Judge, would not advance "just, most expeditious and least expensive determination" of issue as required by r. 3 to ask another judge to decide same question --Having chosen to make its case on basis of admissibility, appellant bound by result--Federal Court Rules, 1998, SOR/98-106, rr. 3, 81.