PRACTICE |
Evidence |
Commission Evidence |
Seifert v. Canada (Minister of Citizenship and Immigration)
A-663-04
2005 FCA 105, Richard C.J.
17/3/05
7 pp.
Appeal from Federal Court decision 2004 FC 1711; [2004] F.C.J. No. 2187 (F.C.) (QL) granting Minister's motion to amend previous order providing for taking of commission evidence in Italy--In addition to expanding witness list, amendment provided commission evidence would be taken under Convention between the United Kingdom and the Kingdom of Italy regarding Legal Proceedings in Civil and Commercial Matters, Art. 11 rather than under Art. 12-- Appellant opposed amendment on ground Art. 11 procedure prejudicial to him and not in accordance with Federal Courts Rules, r. 272(2)--R. 272(2) requiring person taking examination of witness outside Canada to do so "in a manner that is binding on the witness under the law of that jurisdiction"--Art. 11 not granting power to compel attendance of witness--Order herein will require evidence to be taken under oath or solemn affirmation in accordance with Canadian practice--Therefore, evidence will be taken in manner presumed to be binding on witness--That is sufficient to establish compliance with r. 272(2)--Rule not requiring witness be subject to penalties for perjury in Italy--That witnesses not compellable under Art. 11 curable as Art. 13 providing that where witness failing, refusing to appear, may proceed under Art. 12--Appeal dismissed--Convention between the United Kingdom and the Kingdom of Italy regarding Legal Proceedings in Civil and Commercial Matters, [1935] C.T.S. No. 14, Arts. 11, 12, 13--Federal Courts Rules, SOR/98-106, rr. 1 (as am. by SOR/2004-283, s. 2), 272(2).