Date: 19990722
Docket: T-931-98
BETWEEN:
OSRA LINDO
Applicant
- and -
ROYAL BANK OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
| [1] The applicant is seeking, by a motion dated May 6, 1999, an extension of the 30-day time limit within which to file her evidence. |
| [2] The evidence should have been filed by June 1, 1998. The evidence is copies of affidavits sworn in August, 1997, for use in another matter. |
| [3] Apparently, copies were served on July 7, 1998. After July 7, the applicant attempted to obtain certain materials from Canadian Human Rights Commission which were finally denied by an order of this Court on January 25, 1999. |
| [4] Presumably, no motion was made for an extension of time to file the affidavits for which leave is presently sought because it was anticipated information from the Commission might be appended to affidavits to be filed by the applicant. That, however, would only excuse delays until January. |
| [5] The further delay is sought to be excused by the fact the applicant"s counsel was to change law firms on March 1, 1999, an event anticipated by the filing with the Court on January 7, 1999, of a notice of change of solicitors dated January 5, 1999. |
| [6] Nevertheless, it was not until May that the motion was brought. I note that before the notice of application was filed it was anticipated that at least one of these affidavits would be needed because the solicitor who swore the affidavit had removed himself as solicitor before the application was filed anticipating that he would be unable to present arguments supported by his own affidavit. |
| [7] I am not satisfied that the delay in its totality can be excused. |
| [8] In addition to excusing the delay, the applicant must show that the proposed evidence could be relevant to this proceeding. The affidavit of Malcolm Davidson deals with the failure of the Commission to provide the applicant with the materials before its investigator when he was preparing his report to the Commission. |
| [9] As previously noted, a motion seeking this information was denied by Mr. Justice Gibson, who pointed out that it was irrelevant on January 25, 1999. What was not before the Commission was not relevant. |
| [10] The affidavit outlines the numerous steps taken to obtain the investigator"s materials. If such an affidavit was before the Commission, a copy will be in the Commission materials supplied in this matter. If such an affidavit is not there, then it is irrelevant, because the only material relevant is that which was before the Commission when it made its decision. |
| [11] Accordingly, no extension will be granted to enable the filing of the Davidson affidavit. |
| [12] The affidavit of Osra Lindo, as well as dealing with the refusal of the investigator to supply the applicant with copies of the information before him, deals with delays and changes of investigating officer while the complaint was being investigated. This again appears to be background to the report of the investigator which background is irrelevant unless it was before the Commission when it made its decision. If the information was before the Commission, it will be in the Commission materials supplied. If it is not there, and was therefore not before the Commission, it is irrelevant. Therefore, time will not be extended to allow these affidavits to be filed. |
ORDER
For the foregoing reasons the motion to extend the time to file the applicant"s affidavit is dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
July 22, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-931-98 |
| STYLE OF CAUSE: OSRA LINDO |
| - and - |
| ROYAL BANK OF CANADA |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
| REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
DATED: THURSDAY, JULY 22, 1999
SOLICITORS OF RECORD: Green & Chercover
Barristers & Solicitors
30 St. Clair Avenue West
10 th Floor
Toronto, Ontario
M4V 3A1
| For the Applicant |
McMillan Binch
Barristers & Solicitors
Suite 3800
South Tower
Royal Bank Plaza
Toronto, Ontario
M5J 2J7
For the Respondent
| FEDERAL COURT OF CANADA |
Date: 19990722
Docket: T-931-98
Between:
| OSRA LINDO |
Applicant
| - and - |
ROYAL BANK OF CANADA
| Respondent |
| REASONS FOR ORDER |
| AND ORDER |