Date: 19990216
Docket: T-2406-90
BETWEEN:
HER MAJESTY THE QUEEN
Plaintiff
and
KENNETH EDWIN CROSSON and PHYLLIS EVELYN CROSSON
Defendant
T-2407-90
HER MAJESTY THE QUEEN
Plaintiff
and
WASAGAMING WIGWAM LTD.
Defendant
T-2408-90
HER MAJESTY THE QUEEN
Plaintiff
and
69158 MANITOBA LTD.
Defendant
T-2409-90
HER MAJESTY THE QUEEN
Plaintiff
and
KENNETH CHARLES BURR and EDITH MARIS BURR
Defendant
T-2410-90
HER MAJESTY THE QUEEN
Plaintiff
and
BEA-GREN ENTERPRISES LTD.,
Defendant
T-2411-90
HER MAJESTY THE QUEEN
Plaintiff
and
GEORGE EVERETT NEILLY
Defendant
T-2412-90
HER MAJESTY THE QUEEN
Plaintiff
and
DONALD KENNETH HAWKING and CAROL DIANNE HAWKING
Defendant
REASONS FOR ORDER
EVANS J.:
[1] The Federal Court Rules, 1998 do not provide for a motion for a non-suit. Since the previous Rule permitting such a motion was repealed and not replaced by the current Rules, there is no "gap" in the Rules to be filled by Rule 4.
[2] In addition, when a party reads into the evidence the examination for discovery of an opponent"s witness, any statements that it contains that are adverse to the party become a part of the evidence in the case, but evidence that must be weighed with the totality of the evidence.
[3] For these reasons, the motion is dismissed.
[4] Costs are to be awarded in the cause.
OTTAWA, ONTARIO John M. Evans
February 16, 1999. J.F.C.C.