PRACTICE |
Affidavits |
Schwarz Hospitality Group Ltd. v. Canada (Attorney General)
T-137-02
2002 FCT 808, Hargrave P.
19/7/02
12 pp.
Application for leave to file two affidavits in support of judicial review proceeding--At issue time extension within which to file r. 306 affidavit material in support of judicial review--Must examine reason for delay, balance seriousness of delay against intrinsic worth of evidence taking into account relevance, admissibility, potential use to Court--First affidavit having, as sole exhibit, copy of document, date of which indicating could not have been before Tribunal when made decision in July 2001--Thus document irrelevant, inadmissible, of no potential use to Court--Late filing of affidavit denied as no intrinsic worth in material, nothing to balance against reason for delay--Delay in filing second affidavit said to be result of unrealized hope for negotiated settlement--No specific evidence of negotiations--Rather, applicant seemed to be pursuing avenue of perceived contempt, unrelated to object of this judicial review application--Argument of negotiations not providing any effective, valid reason for delay--Further, applicant never requesting r. 7 consent extension and respondent bringing running of time to attention of applicant two and a half months before present motion filed--While second affidavit relevant to applicant's judicial review application, no valid reason for delay--In complete absence of reason for delay, nothing to balance--To deny time extension would do justice to respondent, but would make applicant's case fairly difficult--Solution for applicant to make r. 317 request to Superintendent, generally identifying material, that material be sent to Court Registry--Would then need to obtain Order that material be included in record, or in supplemental record--Federal Court Rules, 1998, SOR/98-106, rr. 7, 306, 317.