PRACTICE |
Affidavits |
Larson-Radok v. M.N.R.
T-411-00
Hargrave P.
17/4/00
4 pp.
Application to amend or withdraw affidavit under r. 75 on basis applicants' instructions with regard to two sets of tax certificates filed in Vancouver Land Registry Office and filed on titles to two pieces to land, appear not to have been successfully carried out--Judicial review application referring to removal of tax certificate filed against property owned by applicants, as does other affidavit in support--Correctly at issue both real property interests and mortgage interests of applicants, all of which have tax certificates filed against them--Applicants wish to make clear two distinct interests involved--Respondent opposed to amendment or withdrawal--In present case, amendment of affidavit not best approach, as respondent believes present affidavit germane for what does and does not set out--Best approach to leave present affidavit in place to illustrate initial confusion, in case anything hinging upon affidavit as originally filed, and to allow supplemental affidavit under r. 312--Bringing motion under wrong rule not fatal--Supplemental affidavit herein would meet requirements of r. 312: special circumstances, in interests of justice, assist Court and not seriously prejudice other side--Further, would not delay proceedings--Although supplemental affidavits ought not to deal with material which could have been made available at earlier date, this concept should not be slavishly applied, where innocent confusion on part of counsel likely to prejudice applicants involved--In present case, for justice to be done, supplemental affidavit in order--Federal Court Rules, 1998, SOR/98-106, rr. 75, 312.