Vancouver Wharves Ltd. v. Canada ( Attorney General )
T-1125-97
Reed J.
10/9/97
4 pp.
Motion to strike paragraphs from affidavits filed in support of judicial review application-Applicant challenging Regional Safety Officer's decision-Filing affidavits sworn by two witnesses who gave evidence to Regional Safety Officer-Respondent arguing applicant must file relevant portions of transcript of hearing before Regional Safety Officer, not rely on affidavit evidence of witnesses-Submitting applicant having obligation to produce best evidence in support of claim, thus requiring it to pay cost of transcribing tape recordings and to include relevant portions of transcript in application record-Motion dismissed-Federal Court Rules, R. 1606(2) requiring application record contain portions of any transcript of evidence to be used by applicant at hearing-Applicant not intending to rely on transcript of evidence, but on affidavit evidence-Not precluding respondent from challenging accuracy of affidavits by cross-examining affiants, or by filing own transcript of tape recording of proceeding-Rules not precluding applicant proceeding as it has-Where no statutory or other legal obligation on decision-maker to transcribe proceedings, applicant having right to require production of shorthand notes or tape recordings of proceedings, if exist, and may transcribe them at own expense for use before Court: Blagdon v. Public Service Commission, [1976] 1 F.C. 615 (C.A.)-Not stating only way applicant can present evidence of what was said to decision-maker, when tape recording made of proceeding by producing transcript of tape recording-Federal Court Rules, C.R.C., c. 663, R. 1606(2) (as enacted by SOR/92-43, s. 19).