Ermineskin Indian Band v. Canada
T-1254-92
MacKay J.
26/8/97
5 pp.
Motion for order requiring Crown to produce Edward A. Moore for examinations for discovery on oil and gas issues-Moore employed as principal officer of Indian Minerals West between 1965 and 1981-Plaintiffs arguing examination of Moore would be more direct, efficient, particularly in view of limited time available for discovery before trial and as Eickmeier taking holidays-Motion dismissed-Unless very exceptional circumstances, Court will not act under current R. 465(4) unless person designated by Crown as deponent not capable of responding reasonably to questions asked in discovery-Moreover, unless some evidence person proposed to replace designated deponent willing to act, capable of acting in terms of health, capacity, and by experience person whom Crown could not reasonably object to as deponent, Court would not order production of specific person as deponent for Crown-Circumstances herein not so exceptional Court would order Crown to produce Moore as Crown's deponent for examination for discovery by plaintiffs-Eickmeier not incompetent as deponent-No evidence Moore, aged 75, willing to act as Crown's deponent in continuing discoveries, or if willing, Crown having confidence in capacity to act in continuing role as deponent-Defendants directed to give serious consideration to designating Moore as additional deponent on behalf of Crown on certain conditions i.e. questions to Moore limited to matters reasonably expected to be within experience, knowledge in light of senior responsibilities from 1965-1981; questions not same or similar in intent, purpose to questions already directed to Eickmeier to which responded or given undertaking to respond-Crown to advise Court, counsel for plaintiffs about conclusion in regard to direction-Nothing precluding designation of more than one deponent-No single deponent could testify from personal experience or knowledge about events occurring over 50-year span-Unusual case warranting unusual considerations by Crown of responsibilities to plaintiffs as First Nations peoples, including Crown's responsibilities to facilitate procedures, including discovery, to permit concerns of plaintiffs to be tried as expeditiously, fairly as possible-Federal Court Rules, C.R.C., c. 663, R. 465(4) (as am. by SOR/90-846, s. 15).