Digests

Decision Information

Decision Content

PRACTICE

Witness

Appeal from order made pursuant to Federal Courts Rules, r. 45 enjoining appellant to bring respondent physically before Court in order to argue judicial review application—Judge’s role on r. 45 motion to determine whether in interest of justice inmate be physically present at hearing—Judge having to focus on whether inmate capable of adequately, satisfactorily presenting case if not physically present—Had motions Judge adopted correct approach, r. 45 motion ought to have been dismissed—Federal Courts Rules, SOR/98‑106, rr. 1 (as am. by SOR/2004‑283, s. 2), 45.

Strachan v. Canada (Attorney General) (A‑557‑05, 2006 FCA 135, Létourneau J.A., judgment dated 5/4/06, 8 pp.)

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