Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 311
two, which I propose to put in now, if that’s acceptable to my friends,
or I can put them in through the witness. I don’t think there’s - -
JUSTICE: Well I mean, they’re coming in anyway, aren’t they
Mr. Florence
MR. FLORENCE: We have no problem with them going in now.
JUSTICE: Have you given copies, Mr. Wilson, to your friends
MR. WILSON: I have now.
2010 FC 495 (CanLII)
[1175] On July 17, 2008, in the course of her closing submissions, the Defendant argued that the
contents of Exhibit P-78 were not proper evidence and further, that she did not have the opportunity
to cross-examine Mr. Kerr relative to those financial documents.
[1176] The following appears in the transcript of the proceedings for July 17, 2008:
MR. WHITTLE: Our submission is, they haven’t pointed to
anything in there, they’ve just loaded up a wheelbarrow and put it in
front of you. I submit that that’s not proper. That’s not proof, on a
balance of probabilities, to expect you - -
JUSTICE:
Well, wait a minute.
MR. WHITTLE: May I finish, please To expect you to go
through and therefore to come to some determination without giving
to the defendant the opportunity to respond to what in those
documents they say provides the proof. Thank you, My Lady.
JUSTICE: Well, let me say something to you, Mr. Whittle. I
understand that those documents, number one, were disclosed in the
pre-trial process of discovery. Number two, it’s a novel suggestion - -
I’m not saying you’re wrong, but I’m not saying you’re right either,
that it’s insufficient just to give me financial records. It’s evidence
like any other documentary evidence that I get to assess and to
weigh. It seems to me. I’m not - - I mean, that’s something else that I