Vennes v. Vennes
ITA-4041-96
Morneau P.
16/10/96
7 pp.
Motion for leave to call witness at hearing of opposant's motion to oppose seizure in execution of immovable property-Applicant, Her Majesty the Queen in right of Canada, carried out seizure in execution of immovable in connection with tax debt owed by judgment debtor-Opposant filed third-party opposition seeking to have seizure annulled on ground owned immovable-R. 319(4) requiring special reason to call witness to testify in relation to issue raised by application-Mere assertion in affidavit certain witnesses might refuse to sign affidavits not sufficient reason and hence not "special reason" within meaning of R. 319(4) and case law-Applicant unable simply to rely on general statements to effect interests of witness she wished to call opposed to hers-That fact not precluding applicant from obtaining otherwise satisfactory affidavit-Any applicant seeking leave for witness to testify must show in detailed affidavit applicant sought to have person co-operate in drafting and sign affidavit but could not obtain such co- operation-Motion dismissed-Federal Court Rules, C.R.C., c. 663, R. 319(4).