Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 380 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
Page: 381 submissions. In terms - - there may be documents in there that may not be subject to Canada Evidence Act, and we have taken the time at discovery to do all of that. And we submit that every document in that binder is true and accurate, and admitted as such by the plaintiffs. JUSTICE: MR. WHITTLE: You mean in your black binders Yes, ma’am. JUSTICE: In your six black binders. Well, if that’s - - I mean, an admission by the plaintiff remains an admission by the plaintiff, and an admission made in discovery, which is a new one - - I won’t say it’s new to me to have an admission in discovery. Documents that were admitted in discovery remain admitted for the purposes of this trial. The discovery examination itself, that’s another story. That’s subject to the limitations of our rules, which differ in some regards from the provincial rules of procedure on the use of discovery. But we don’t have a problem with that right now. 2010 FC 495 (CanLII) But insofar - - I mean, Mr. Sali is nodding his head. The admissions made at the discovery process remain admissions, and if it’ll help things out, why don’t we have this collection of black books admitted right away. Mr. Sali MR. SALI: JUSTICE: My Lady, if it’ll speed things up, yes. Mr. Whittle MR. WHITTLE: If my learned friend is saying he admits that the contents of those documents are true and accurate, I’m happy to move on. JUSTICE: But didn’t you just tell us that this was - - you went through all of this at the discovery MR. WHITTLE: Yes. JUSTICE: Well then, why are we doing it again The admissions made at discovery still binds the plaintiff. Mr. Sali, am I right in saying that MR. SALI: Yes, My Lady.
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Page: 381<br />
submissions. In terms - - there may be documents in there that may<br />
not be subject to Canada Evidence Act, and we have taken the time<br />
at discovery to do all of that. And we submit that every document in<br />
that binder is true and accurate, and admitted as such by the<br />
plaintiffs.<br />
JUSTICE:<br />
MR. WHITTLE:<br />
You mean in your black binders<br />
Yes, ma’am.<br />
JUSTICE: In your six black binders. Well, if that’s - - I mean, an<br />
admission by the plaintiff remains an admission by the plaintiff, and<br />
an admission made in discovery, which is a new one - - I won’t say<br />
it’s new to me to have an admission in discovery. Documents that<br />
were admitted in discovery remain admitted for the purposes of this<br />
trial. The discovery examination itself, that’s another story. That’s<br />
subject to the limitations of our rules, which differ in some regards<br />
from the provincial rules of procedure on the use of discovery. But<br />
we don’t have a problem with that right now.<br />
2010 FC 495 (CanLII)<br />
But insofar - - I mean, Mr. Sali is nodding his head. The admissions<br />
made at the discovery process remain admissions, and if it’ll help<br />
things out, why don’t we have this collection of black books<br />
admitted right away. Mr. Sali<br />
MR. SALI:<br />
JUSTICE:<br />
My Lady, if it’ll speed things up, yes.<br />
Mr. Whittle<br />
MR. WHITTLE: If my learned friend is saying he admits that<br />
the contents of those documents are true and accurate, I’m happy to<br />
move on.<br />
JUSTICE: But didn’t you just tell us that this was - - you went<br />
through all of this at the discovery<br />
MR. WHITTLE:<br />
Yes.<br />
JUSTICE: Well then, why are we doing it again The<br />
admissions made at discovery still binds the plaintiff.<br />
Mr. Sali, am I right in saying that<br />
MR. SALI:<br />
Yes, My Lady.
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