Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 313
MR. WHITTLE: I am satisfied that the court will do what the
court will do with those documents.
JUSTICE: I’m concerned at your suggestion that you didn’t have
the opportunity to cross-examine on them, but however, I will take a
look at the transcripts for April 14 th , and having regard to the hour
we will adjourn until 9:00 tomorrow morning.
[1177] On July 18, 2008, the Defendant clarified her position with respect to P-78 and her
2010 FC 495 (CanLII)
opportunity to cross-examine Mr. Alan Kerr. The following appears at pages 5863 to 5866 of the
transcript of the proceedings on July 18, 2008:
JUSTICE: Before we start I have some remarks to make. First
one is concerning the submissions made at the end of the day
yesterday by Mr. Whittle with respect to the financial records that
were admitted as Exhibit 78 on July 4 th . I understood that this exhibit
went in by consent. And I’m asking counsel to review the transcript
at some time. I am not expecting it in the next five minutes or even
today, but by Monday, to give me the page references in that regard.
…
MR. WHITTLE: My Lady, all counsel have discussed financial
boxes and all counsel have discussed the statement that I made
regarding the financial statements as being questionable when late in
the day yesterday I made that submission. Yesterday evening Mr.
Florence and I reviewed our understanding of the financial
statements, first, and yesterday I had forgotten that there had been an
agreement between counsel, that the - - or the financial statements
where there is an agreement before the court were tendered as having
been properly prepared in accordance with the requirements of the
Chartered Accountants of Canada. I therefore respectfully withdraw
the statement that I made that such statements were questionable and
I apologize to the plaintiffs for having made that statement, to my
learned friend, to my friend and to the court.
MR. SALI:
JUSTICE:
We accept that, My Lady.
Thank you.