Canadian Shipowners Assn. v. Canada
T-1530-96
Morneau P.
10/9/96
5 pp.
Affidavits filed with notice of motion-Obtaining documents in possession of federal board, commission-Motions by applicants to obtain certain information, documents, also to be permitted to attach to transcript, or to file as exhibit to supplementary affidavit, exchange of correspondence allegedly tending to support argument no real consultation on marine navigation services fees, structure thereof; this ground appearing in text of application for judicial review challenging order in council P.C. 1996-764 and Marine Navigation Services Fees Regulations-In course of examination on affidavit of respondents' affiant, applicants requesting production of certain documents not attached to affidavit by affiant-Counsel for respondents objecting to having affiant comply, on ground examination on affidavit in relation to application for judicial review, not examination for discovery in relation to action-Respondents' objection must be sustained-Counsel for applicants submitting purpose of Federal Court Rules, R. 1612 to expand scope of examinations on affidavit-Not context to which rule applies-Objection by counsel for respondents to prevent counsel for applicants from attaching to transcript exchange of correspondence challenging official position adopted by affiant also sustained-Counsel for applicants could identify no rules, decisions that would enable this Court to order incorporation of said documents into transcript-Second motion seeking leave for applicants to file same correspondence as exhibit to affidavit should also be dismissed-R. 1603 provides that applicants must file all affidavits when filing application-Applicants nevertheless did not say why they did not introduce these documents in evidence-Federal Court Rules, C.R.C., c. 663, RR. 1603, 1612.