Liebmann v. Canada ( Minister of National Defence )
T-306-93
Muldoon J.
23/6/94
15 pp.
Motion for order striking out paragraphs of amended statement of defence under R. 419, directing each of defendants to provide affidavit of documents for discovery in accordance with R. 448, directing each of defendants be available for oral examinations for discovery under RR. 5, 455, 456-Plaintiff alleging impugned paragraphs 22, 23, 26 of amended statement of defence abusive of Court's process as barred by principle of res judicata in regard of October, 1993 reasons of Reed J. -- Question of standing to challenge Deputy Chief of Defence Staff (DCDS) 9/83 or Canadian Forces Administrative Order (CFAO) 20/53 resolved in favour of plaintiff -- Legal validity of orders properly in issue herein -- No appeal against Reed. J.'s ruling-Defendants abusing Court's process in subsequently amended pleading-Foreclosed from preventing plaintiff from merely seeking relief pleaded -- Impugned paragraphs struck out -- Plaintiff suing Minister of National Defence, Chief of Defence Staff (CDS) in official capacities only -- R. 449(1) amended shortly after plaintiff's application herein commenced -- Legislative changes of existing substantive rights not affecting litigation already instituted-Procedural changes operating from date of coming into force-Sovereign not required to be deponent in affidavit under R. 448-Affidavits as to documents to be sworn by, or on behalf of, other two defendants under RR. 448, 449 -- Plaintiff not entitled, from beginning, to line up all defendants for personal examination for discovery -- Crown Minister not proper deponent to be examined orally for discovery -- Plaintiff failing to demonstrate need to have discovery personally, orally of CDS -- Real defendant herein Crown -- Other "parties" named merely "officers, servants or agents of Crown" -- Crown to produce only one deponent for oral examination for discovery under R. 456(2) -- Each of defendants to provide affidavit as to documents under RR. 447, 448, 449 -- Motion allowed in part -- Federal Court Rules, C.R.C., c. 663, RR. 5, 419, 448, 449 (as am. by SOR/94-41, s. 6), 456.