Begg v. Canada ( Minister of Agriculture )
T-39-94
Hargrave P.
26/4/99
4 pp.
Main case dealing with moratorium imposed by Crown on evaluation and slaughter of elk herd, infected with bovine tuberculosis-Plaintiffs now claim to have been placed at risk because infected animals not immediately destroyed and removed from farm-Motion, at case management conference, supported by plaintiff's counsel's affidavit, to further amend statement of claim to reflect documents recently produced by Crown-Counsel for Crown consented to amendment so long as affidavit withdrawn, with prejudice to it being re-filed in opposition to pending motion for summary judgment and reserving Crown's right to contest propriety of filing solicitor's affidavit in response to Crown's anticipated motion for summary judgment-Amendment allowed, on certain terms, with costs to plaintiffs-Federal Court Rules, r. 82 providing that, except with leave of Court, solicitor shall not both depose affidavit and present argument to Court based on that affidavit-Appropriate instance in which to exercise discretion-Amendment clearly neither prejudicial not contentious-To require withdrawal and re-filing of affidavit, as price for consent to amendment, not only nonsensical, but also requires further expenditure of time, money and Court resources-Federal Court Rules, 1998, SOR/98-106, r. 82.