PRACTICE |
Affidavits |
Stella Jones Inc. v. Mariana (The)
A-52-00
Létourneau J.A.
6/12/00
4 pp.
Appeal from Motions Judge's dismissal ([2000] F.C.J. No. 94) of appellant's motion to compel Mr. Kaddis, plaintiff's representative, to answer questions posed during cross-examination on his affidavits given in reply to affidavits filed in support of motion for order staying action in favour of arbitration in London, England--Applicants contending contract issued for return shipment to Canada of goods containing arbitration clause--Initial contract of affreightment allegedly containing arbitration clause--Superseded by bill of lading, also containing arbitration clause--For return shipment, addendum made to that booking note and bill of lading issued after fire broke out in ship, cargo damaged--Appellant seeking to establish that as result of previous dealings between parties, plaintiff aware of existence of arbitration clause when both initial, return contracts issued--Appeal allowed--Motions Judge erred in holding evidence of previous dealing irrelevant at this juncture--Also Motions Judge could not deny appellants possibility of cross-examining Mr. Kaddis on basis could have obtained information sought from co-defendant--In so concluding, deprived appellants of right to cross-examine adverse party on potentially relevant issues as well as possibility of obtaining concessions, admissions from that party on these issues.