Federal Court Decisions

Date: 20130510

Docket: IMM-11316-12

Citation: 2013 FC 495

Vancouver, British Columbia, May 10, 2013

PRESENT:    The Honourable Mr. Justice Manson

BETWEEN:

           REASONS FOR ORDER AND ORDER

            UPON MOTION dated April 8, 2013, on behalf of HD Mining International Ltd. and Huiyong Holdings (BC) Ltd. (the HD Respondents) for an order that the Applicants, Construction and Specialized Workers’ Union, Local 1611 and International Union of Operating Engineers, Local 115 (the Applicant Unions), to pay costs to the HD Respondents for the cross-examinations on March 22, 2013 and April 5 2013;

            AND UPON reading the motion record of the HD Respondents dated April 8, 2013, the Applicants’ Reply Argument and motion record dated April 23, 2013, the HD Respondents’ Supplemental motion record dated April 30, 2013, and the Sur-Reply of the Applicants dated May 6, 2013;

The HD Respondents’ motion is dismissed, for the reasons that follow.

[1]               By my Order dated April 4, 2013, I granted the consent Order to have the Applicants’ affiants, Mark Olsen and Brian Cochrane, attend for cross-examination on or before April 5, 2013, to answer specific questions set out in the schedules attached to my Order  and any related follow-up questions;

[2]               My Order of April 4, 2013, specifically excluded any reference to produce additional documents, upon the understanding that counsel for the Applicants maintained their previous objection to produce any such documents, on the basis of alleged privilege, and that the HD Respondents specifically sought to compel the answers to questions refused during prior cross-examinations only, as set out in their motion of March 28, 2013. Notwithstanding Federal Courts Rule 94, the re-attendance I ordered for further cross-examinations limited the scope of questions to those referenced in the schedules to my Order of April 4, 2013, nothing more.

ORDER

THIS COURT ORDERS that:

1.                  The HD Respondents’ motion is dismissed.

2.                  Costs to the Applicants shall be in the cause.

"Michael D. Manson"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                             IMM-11316-12

STYLE OF CAUSE:            CONSTRUCTION AND SPECIALIZED WORKERS’

                                                UNION, LOCAL 1611 AND OTHERS v. THE MINISTER

                                                OF CITIZENSHIP AND IMMIGRATION AND OTHERS

MOTION IN WRITING CONSIDERED AT VANCOUVER, BRITISH COLUMBIA PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER:                      MANSON, J.

DATED:                                May 10, 2013

WRITTEN REPRESENTATIONS

SOLICITORS OF RECORD: