Date: 20030115
Docket: A-527-02
(T-1125-02)
Neutral citation: 2003 FCA 21
CORAM: RICHARD C.J.
BETWEEN:
HEARTWOOD MANUFACTURING LTD.
and MEDICINE HAT COLLEGE
Appellants
and
FOLIOT INC.
Respondent
Heard at Ottawa, Ontario, on January 14, 2003.
Judgment delivered from the Bench at Ottawa, Ontario, on January 14, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20030115
Docket: A-527-02
(T-1125-02)
Neutral citation: 2003 FCA 21
CORAM: RICHARD C.J.
BETWEEN:
HEARTWOOD MANUFACTURING LTD.
and MEDICINE HAT COLLEGE
Appellants
and
FOLIOT INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on January 14, 2003.)
[1] We have not been convinced that the motions judge improperly exercised his discretion in refusing to order that Mr. Foliot re-attend on cross-examination to answer further questions arising from his answer to undertaking # 4.
[2] Accordingly, the appeal from that portion of the Order of the motions judge will be dismissed.
[3] The Order of the motions judge that a portion of the answer provided by Mr. Foliot in response to undertaking # 4 be struck from the evidence was made by the motions judge without any request from the parties and we fail to see on what basis this could have been done.
[4] Accordingly, the appeal from this part of the Order of the motions judge will be allowed.
[5] In view of the mitigated success, each party will bear its own costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-527-02
STYLE OF CAUSE: HEARTWOOD MANUFACTURING LTD. ET AL.
v. FOLIOT INC.
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: JANUARY 14, 2003
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
LÉTOURNEAU J.A.
NADON J.A.
DELIVERED FROM THE BENCH BY: RICHARD C.J.
APPEARANCES:
Ms. Diane E. Cornish
Ms. Genevieve Domey
FOR THE APPELLANTS
Mr. Richard Dufour
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Osler Hoskin & Harcourt
Ottawa, Ontario
FOR THE APPELLANTS
Dufour Mottet
Laval, Québec
FOR THE RESPONDENT