Satellite Earth Station Technology Inc. v. Canada
T-1029-91
Giles A.S.P.
28/2/94
7 pp.
Income tax appeal-File reactivated when Crown filed notice of intention to proceed after more than one year elapsed -- Crown seeking order granting leave to serve and file amended defence -- Plaintiff seeking order to strike defence, requiring defendant to submit to oral discovery, or allowing plaintiff leave to call witnesses at forthcoming motion -- Whether oral evidence should be permitted in motion can only be decided when precise nature of motion known -- RR. 455, 466.1 intending party elect either written discovery by one list of concise, separately numbered questions, or oral discovery, but not both -- Second discovery should not be granted until first discovery completed -- Should only be granted in exceptional circumstances of which affidavit evidence required -- Inconsistent with R. 455 if additional discovery by both written supplemental questions and oral discovery -- (1) No right to file supplementary written questions when conducting discovery in writing as R. 466.1 requires one list of questions -- (2) Additional discoveries not normally ordered until original discovery completed -- (3) Additional discovery not ordered except in exceptional circumstances of which proof by affidavit filed for purpose of motion seeking such additional discovery -- Federal Court Rules, C.R.C., c. 663, RR. 455 (as am. by SOR/90-846, s. 15), 466.1 (as am. idem, s. 16).