PRACTICE |
Pleadings |
Bovar Waste Management Inc. v. Canada (Minister of the Environment)
T-1859-00
2001 FCT 279, Dawson J.
2/4/01
7 pp.
Motion for leave to file supplementary affidavit of Graham Latonas--Supplementary affidavit not relevant to pending application for judicial review--Pending application for judicial review in respect of direction granted by Minister of Environment ordering applicants to conduct destructive coring, testing activities through concrete containment structure--Claim for damages cannot be sustained in judicial review application--Proposed supplementary affidavit new evidence not before decision-maker when decision made to issue direction--Extrinsic evidence not required in order to address perceived want of jurisdiction--Motion dismissed--Respondents shall have costs of motion in cause.
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