Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 382
JUSTICE: Well, if I’m right, I’m right, and - - well, it’s not a
question of me being right. The admissions made at the discovery
with respect to documents, or anything else that was admitted at the
discovery, would still apply and bind the plaintiffs.
MR. WHITTLE:
Yes, My Lady. And - - I realize that.
JUSTICE: Well then what - - why - -
…
2010 FC 495 (CanLII)
MR. WHITTLE: Okay. Because my learned friend has never
until this day said he’s prepared to admit those documents. I did not
want to stand here at the end of trial and read 223 references to
documents. I’m not as satisfied at this point in time about the
application of the Canada Evidence Act to the extent that the
contents are true and accurate of all those documents in there, and
that’s why I took the time at discovery to do that.
I’m satisfied with what I’ve heard. If we could have those documents
admitted as the next exhibit, then I’m satisfied.
JUSTICE: What I’m saying - - I’m going to say it again.
Leaving aside the question of the Canada Evidence Act and how it
applies to business records, for the very limited purpose of what we
are now talking about, which is the contents of the six binders of - -
the six black binders prepared by the defendant, I understand that
these binders contain documents that were admitted, the truth and
correctness of which were admitted during the discovery of the
plaintiffs. It is my understanding that as a matter of law, an
admission of that kind, made in the discovery process, is binding on
the plaintiff right now for the purposes of this trial, and that it will be
just and expedient and in the interests of justice to have these
documents admitted right now as an exhibit, because they have not
been contested by the plaintiffs, and obviously the plaintiffs having
admitted them cannot now contest them.
Mr. Sali, do you agree
MR. SALI:
I agree.