Federal Court - Christian Aboriginal Infrastructure Developments ...

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intended to submit those as documents, which have been proven for
both authenticity and the truth of the contents.
There is an agreement called Protocol 1 on the discovery that speaks
to that. As well there are documents in which the plaintiffs have
admitted as true and accurate.
So yes, we can speed this up by entering that as a full exhibit, all 223.
I’m not sure my learned friend’s prepared to agree to that.
MR. SALI: Mr. Whittle, My Lady, there has never been an
occasion, that I am aware of, in which the plaintiffs have ever
suggested that any of the documents of this nature are not true copies
of originals. That’s number 1.
2010 FC 495 (CanLII)
Number 2, if there was a protocol established as between Mr.
Preston, my predecessor, and Mr. Whittle, that’s a perfectly
acceptable binding protocol, and it deals with other issues.
Now, the simple fact of the matter is, is that as Your Ladyship
pointed out yesterday, when you have documents as part of the
business records of a corporation, and they’re viewed as being true
copies, obviously unless and until somebody distances themselves
from those documents, there’s a presumption, and we’re bound by
that presumption and I’m not going to take any position other than
that.
…
MR. WHITTLE: Is my learned friend going to admit that the
contents are true and accurate
MR. SALI: Your learned friend is going to admit that the rules of
evidence that apply, as I’ve just mentioned, govern each one of these
- - each one of us in these proceedings. And as to whether or not truth
of contents, if you want to go that far for other reason, that if, as and
when you get the opportunity to put your case in, do it.
JUSTICE: Mr. Whittle, I have to take a look at the Canada
Evidence Act, but from what I recollect, business records, I have to
agree with what Mr. Sali is saying.
MR. WHITTLE: My Lady, we spent a lot of time at discovery
getting the admissions that we have. We’re happy with those