Zündel v. Canada ( Attorney General )
T-2765-96
Evans J.
23/9/98
10 pp.
Motion seeking order requiring applicant to reattend cross-examination in order to answer questions, to comply with requests for production-Arising from application for judicial review brought by applicant under Federal Court Act, s. 18.1 challenging legality of reference by Canadian Human Rights Commission to panel of Canadian Human Rights Tribunal of complaint made by respondent against applicant-Complaint concerning material available on Internet posted on website known as "Zundelsite", said to be operated, controlled in California by U.S. citizen, Dr. Ingrid Rimland-Server for website also said to be located in California-Respondents complaining to Commission applicant's conduct with respect to material available on "Zundelsite" violated Canadian Human Rights Act, s. 13(1)-Test for determining what questions person can be required to answer in cross-examination on affidavit well settled, not disputed by parties in motion-Principal issue concerning relevance to issues raised by application for judicial review of questions respondent asked Court to order applicant to answer-Most of respondent's questions and requests divided into three groups-Group 1: Questions concerning authorship of material appearing on "Zundelsite"-Party may require affiant to answer questions calculated to establish facts rationally related to establishment of party's case, even though may not be determinative of issues in dispute-Applicant must answer questions put by respondent relating to authorship of identified material, subject to elimination of questions already answered by applicant or repetitive, and to rewording of some of questions in order that meaning be made clear to applicant-Group 2: Questions relating to communications between Dr. Rimland and applicant with respect to material posted on Zundelsite-Applicant actively participated in non-technical aspects of operation to such extent to have caused offending material to be communicated-Evidence of communications between Dr. Rimland and applicant about website, material to be posted on it, relevant to central issue in application for judicial review-Applicant must answer questions relating to prior approval of material appearing on website-Group 3: Questions relating to business relationship between Dr. Rimland and applicant relating to operation of Zundelsite-Applicant must produce ledger sheets from company Samistad Publishers Ltd. showing payments to Dr. Rimland for services rendered in connection with "Zundelsite"-Obliged to answer most of questions contained in Schedule to respondent's notice of motion-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)-Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 13(1).