Date: 19990902
Docket: T-611-99
BETWEEN:
ESKASONI BAND COUNCIL
Applicant
- and -
CANADA (Adjudicator, Eric Demont, Q.C.,
appointed pursuant to s. 242 of the Canada
Labour Code) and BARRY WALDMAN
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion to strike out the affidavit of the respondent Barry Waldman and for an extension of time period for service and filing of the applicant"s record.
[2] The grounds for the motion are that the affidavit of the respondent Barry Waldman, contains information which is not within the personal knowledge of the deponent, contains conjecture, speculation, and legal opinion and argument, is immaterial or redundant, and further is scandalous, frivolous, and vexatious. Further, the respondent Waldman"s affidavit contains unnecessary information as same is contained in the decision of the Adjudicator Demont;
[3] Counsel for the respondent also suggests that the Adjudicator Eric Demont, Q.C., has failed to date to provide the recorded evidence or transcript of the oral evidence before the Adjudicator, which the applicant intends to use at the hearing.
[4] I have reviewed both the affidavits of Madame Nancy F. Barteaux, solicitor and Mr. Barry Waldman, respondent.
[5] Counsel for the applicant has not identified precisely what paragraphs out of the 42 paragraphs of Barry Waldman"s affidavit are attacked.
[6] I understand that Mr. Waldman so far was not represented by counsel and the respondent Barry Waldman has appointed Douglas MacKinlay as solicitor of record on August 20, 1999.
[7] I also reviewed the affidavit filed by counsel Douglas MacKinlay and I understand that Mr. Waldman is not a legal practitioner and his counsel recognized that there are some inappropriate comments in Mr. Waldman"s affidavit.
[8] Counsel for the applicant had the responsibility to identify clearly what paragraph should be struck out and asking to strike out the whole affidavit without identifying what paragraphs should be struck out is exaggerated.
[9] Counsel for the applicant failed to convince the Court that Mr. Waldman"s affidavit that is deemed to be true should be struck in its entirety or in parts.
[10] I understand that the Arbitrator Demont needs time to complete the transcript of the oral evidence and I am convinced that the extension of time should be allowed.
[11] For those reasons, THIS COURT ORDERS THAT:
The time period set for the serving and filing of the applicant Eskasoni Band Council"s record be extended until September 30, 1999 to allow the Arbitrator Demont to comply with the rules.
The motion to strike out the affidavit of Mr. Waldman is dismissed with costs established at $500.
Pierre Blais
Judge
OTTAWA, ONTARIO
September 2, 1999