Étienne v. Canada
A-1294-92
Hugessen J.A.
14/12/93
2 pp.
Appeal from trial judgment ([1992] 3 F.C. 557) refusing motion pursuant to R. 1733 (matter subsequently discovered) to amend and set aside order rejecting application for extension of time to apply to Court -- Appeal dismissed -- Inappropriate for trial judge to deal with R. 1733 application in respect of own judgment when appeal from that judgment pending -- Proper remedy in such circumstances to apply under R. 1102(1) (discretion in Court of Appeal on special grounds to receive further evidence) to introduce newly discovered evidence before Court of Appeal -- "New" evidence proffered herein not meeting requirements established by case law as existed and could have been discovered by exercise of minimum diligence prior to Trial Division hearing -- Federal Court Rules, C.R.C., c. 663, RR. 1102(1), 1733.