T-702-96
Between:
JOHN RAE HARDMAN
Applicant
- and -
ATOMIC ENERGY OF CANADA LIMITED (AECL)
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario,
Monday, March 24, 1997)
LUTFY, J.:
In his able submissions, the applicant seeks to introduce as supplementary material: a) his affidavit of March 18, 1997; b) the medical report of Dr. Karl O'Sullivan of March 3, 1997 which is Exhibit "A" to the applicant's affidavit; and c) two reports of Dr. O'Sullivan of May 12, 1994 and July 20, 1994, a copy of a series of prescriptions and two letters from the respondent of May 4, 1994 and July 27, 1994, all of which are Exhibit "B" to the applicant's affidavit.
Because much of the information in the applicant's affidavit of March 18, 1997 and Dr. O'Sullivan's report of March 3, 1997 raises factual issues concerning the applicant's state of health which occurred subsequent to the decision of the Canadian Human Rights Commission of February 19, 1996 which is under judicial review, the new material is inadmissible. Some of the information referred to in the applicant's affidavit of March 18, 1997 is, in any event, referred to in Mr. Bennett's affidavit of April 25, 1996 at paragraphs 10 and 11.
The respondent's letters of May 4, 1994 and July 27, 1994 are found at pages 14 and 15 respectively of the application record.
The information in Dr. O'Sullivan's reports of May 12, 1994 and July 20, 1994 is substantially incorporated in his letter of September 13, 1994 which is part of the record of the Canadian Human Rights Commission and included at page 30 of the respondent's application record. The "unsolicited medical information" referred to in paragraph 11 of Mr. Bennet's affidavit is, at least in part, Dr. O'Sullivan's report of July 20, 1994, the substance of which is repeated is his report of September 13, 1994 at page 30 of the respondent's record.
The specific information concerning the prescriptions do not add significantly to Dr. O'Sullivan's report of September 13, 1994.
For these reasons, the current state of the parties' application records is adequate. The material which the applicant is seeking to have added is included in the record directly, or indirectly through Dr. O'Sullivan's report of September 13, 1994 and Mr. Bennett's affidavit at paragraph 5 where he generally agrees with paragraph 4 of the applicant's affidavit of March 26, 1996.
Accordingly, the applicant's motion is dismissed.
"A. Lutfy"
Judge
Toronto, Ontario
March 24, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-702-96
STYLE OF CAUSE: JOHN RAE HARDMAN
- and -
| ATOMIC ENERGY OF CANADA LIMITED (AECL) |
DATE OF HEARING: MARCH 24, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LUTFY, J.
DATED: MARCH 24, 1997
APPEARANCES:
Mr. John Rae Hardman
For the Applicant
Mr. Robert H. Jaworski
For the Respondent
SOLICITORS OF RECORD:
Mr. John Rae Hardman
1515-145 Hillcrest Avenue
Mississauga, Ontario
L5B 3Z1
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: T-702-96
Between:
JOHN RAE HARDMAN
Applicant
- and -
| ATOMIC ENERGY OF CANADA LIMITED (AECL) |
Respondent
REASONS FOR ORDER