PRACTICE |
Evidence |
Jose Pereira E Hijos, S.A. v. Canada (Attorney General)
A-3-02
2002 FCA 167, Sharlow J.A.
1/5/02
11 pp.
Confidential material--Appeal from judgment of Nadon J. dated December 24, 2001, 2001 FCT 1434; ([2001] F.C.J. No. 1950)--Appellants commencing action against Crown for damages relating to Crown's seizure of fishing trawler in March of 1995, 240 miles east of Canada--In July 2001, counsel for appellants examined Leo Strowbridge, Crown official, for discovery--Appellants filing two separate notices of motion in Trial Division seeking to compel Strowbridge to answer questions put to him in examination for discovery, number of other questions--Nadon J. denying appellants' motion for further answers--Crown's motions seeking direction under r. 54 four confidential affidavits be "examined in the Court vault" by judges hearing appeal--Appellants opposing Crown's motions--Motion for direction under r. 54 dismissed--Motion based on misunderstanding of Court's practice with respect to confidential material--Where confidential material filed in relation to appeal, security safeguarded by Registry staff--Judges assigned to hear appeal told confidential material filed--Judges wishing to refer to confidential material prior to hearing, during deliberations may ask to see it--Not going into vault to read it--Rather, delivered to them with seals intact--Confidential material also brought to hearing in case referred to in argument--Federal Court Rules, 1998, SOR/98-106, r. 54.