Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 5
[16] On August 25, 2004, the Defendant filed a Notice of Motion seeking an Order for security
of costs, as well as an Order that the Plaintiff produce an accurate and complete affidavit of
documents and that Mr. Don Oulton be cross-examined upon the Plaintiff’s affidavit of documents.
[17] Prothonotary Hargrave directed that SYFC’s motion to join LPL be heard at a special sitting
2010 FC 495 (CanLII)
before the Court in Whitehorse. By Direction filed on September 13, 2004, the presiding judge
directed that the Defendant’s motion for security for costs and other relief would be heard at the
same time.
[18] Following a hearing in Whitehorse on November 4, 2004, two Orders were issued. In the
first Order, SYFC’s motion to add LPL as a Plaintiff was dismissed but the motion to advance a
claim for breach of contract was allowed.
[19] In the second Order, the Defendant’s motion for security for costs was granted and SYFC
was ordered to post security for costs in the amount of $20,000. The sum of $20,000 was paid into
Court on December 8, 2004, by SYFC in that regard.
[20] SYFC filed a Notice of Appeal on December 7, 2004 relating to the Order dismissing its
motion to join LPL as a Plaintiff. The appeal file is A-641-04.