PRACTICE |
Affidavits |
Strykiwsky v. Canada (Warden of Stony Mountain Institution)
T-389-00
Muldoon J.
1/9/00
13 pp.
Motion, in main application for judicial review, seeking extension of time for filing affidavit evidence--Applicant inmate of Warkworth prison, addicted to heroin, wanting help in overcoming addiction--Methadone regime treatment available only exceptionally to inmates not already enrolled in community methadone maintenance program--Applicant turned down--After application for judicial review filed, agreement reached and consent order drawn up setting aside original refusal to treat him on exceptional basis and referring matter back to respondents--Controversy then arose as to whether consent order meant judicial review completed, and directions solicited from Court--Then, present motion filed--Motion allowed in part--Proper test for extension of time for filing affidavits: reasons for delay, relevance and admissibility of content--However, must first prove case not moot--While applicant has received substantial relief, has not received relief tied to rights he seeks to establish before Court--Case therefore still alive and not moot--Barely satisfactory reasons for delay in filing affidavits--Requirement to warn opposing party of late filing not met, but no case law to effect rule should be enforced by preventing filing of affidavits--For purposes of motion, 2 of 3 affidavits considered to contain admissible and relevant information--Applicant far too nonchalant about respondents' convenience--Respondents awarded all party-and-party costs incurred after 14/3/00, it being understood applicant will not be called upon to pay any costs personally.