PRACTICE |
Pleadings |
Inverhuron & District Ratepayers' Assn. v. Canada (Minister of the Environment)
T-906-99
Pelletier J.
6/1/00
6 pp.
Application for leave to file supplementary affidavit with respect to judicial review application--Latter seeking to set aside environmental assessment process leading to approval of nuclear waste storage facility at Bruce Nuclear Power Development--Affidavit sought to be filed that of scientist whose opinion statistical analysis utilized by respondents' expert inappropriate, results in erroneous conclusion as to statistical significance of observed frequency of childhood leukemia--Test to be applied found in Ruggles v. Fording Coal Ltd. (1999), 168 F.T.R. 106 (F.C.T.D.)--Instant request seeking to file further evidence at time when evidentiary phase of process would otherwise be closed-- Evidence of scientist directed to issue clearly within contemplation of parties at time application launched--Evidence available at time of intial filings--To allow evidence in now to allow applicant to buttress case after respondents have crafted case to meet case presented by applicant--Prejudice to be assessed in context--Motion dismissed.