Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 385
content and expect it to be one sided. Secondly I’m going to quote
from Mr. Whittle’s submission at page 795 of the transcript.
JUSTICE: Do I need it or I just make a note of the page I mean,
I have these books too, but you read it to me.
MR. SALI:
Yes. I’ll just - - but it’s a one-sentence submission,
“And we submit that every document in that binder is
true and accurate and admitted as such by the
plaintiffs.”
2010 FC 495 (CanLII)
[1416] In closing submissions, Counsel for the Defendant made the following comments, at page
5895 and 5896 of the transcript, about Exhibit D-11:
MR. FLORENCE: I’d like to briefly address Exhibit D-11. I
briefly put the defendant’s position before the court on June 25 th ,
during Mr. Sali’s cross-examination of Terry Sewell. That’s found in
volume 25, page 4317, lines 11 to 24. I don’t wish to read that back
to the court at this time. I wish to repeat our position.
It’s the defendant’s position that these documents were entered as an
exhibit on April 3 rd , during the cross-examination of Mr. Bourgh.
Page 798, volume 4, transcript, Your Ladyship stated at lines 11 to
28, I’m not going to read the whole part.
“…It is my understanding that as a matter of law, an
admission of that kind, made in the discover process,
is binding on the plaintiff right now for the purpose of
this trial, and that 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.”
It was intention of the defendant these documents go in as an exhibit
for that purpose. It was not the defendant’s position that the
defendant was admitting the proof of the truth of the contents of
these document, merely that the plaintiffs had admitted it. In
addition, as you can see from the evidence of the defendant’s
witnesses, not one of them admitted making a promise or