Kelly v. Canada
T-1087-92
Reed J.
18/5/94
3 pp.
Practice-Application for writ of habeas corpus to allow plaintiff to be present in Court to present evidence in litigation commenced against defendant -- Plaintiff, ex-RCMP officer convicted of murdering wife, alleging Correctional Service of Canada was negligent in treatment upon incarceration; no change of name and placed in Kingston Penitentiary as part of general population -- Defendant not objecting to issuance of writ of habeas corpus but asking condition be attached requiring plaintiff to pay cost of transportation and other expenses -- Plaintiff, as inmate, cannot pursue normal income earning activities -- To impose cost conditions would allow defendant to prevent pursuit of litigation without ever having to answer merits of plaintiff's claim -- Not appropriate to impose cost conditions.