Digests

Tucker v. Canada

T-1805-98

2001 FCT 1412, Dawson J.

19/12/01

9 pp.

Defendant's motion for order (i) excluding each of plaintiffs from attending examination for discovery of other plaintiff; (ii) prohibiting disclosure of evidence given on such discovery by either plaintiff to other before discovery process concluded --Plaintiffs' motion further pre-trial conference be scheduled, matter be set down for trial forthwith, directions be issued, Court grant further, other relief as advised, admitted-- Defendant arguing exclusionary order should issue because of issues of credibility, disruptiveness--Credibility of either plaintiff not at issue--Not case where plaintiffs have version of events to be directly, factually contradicted by defendant's witnesses--Credibility issue more accurately characterized as credibility, plausibility of plaintiffs' claim religious beliefs must include use of cannabis in daily lives--Necessary to show more than possibility evidence will be tailored in order to justify exclusion--No evidence before Court of circumstances suggesting any greater likelihood one plaintiff will tailor evidence in light of other's evidence--No support for exclusion on ground of disruption--At hearing of motions, plaintiffs presented positions in orderly, respectful fashion--No basis for exclusion established before Court-- Potential difficulties, while not justifying exclusion, raise concern about ability of parties to ready matter for trial on timely basis--Further interlocutory motions flowing from plaintiffs' discovery may well entail significant delay-- Present motions flowing from purported discovery which took place 7[frac12] months ago--Interests of parties in timely adjudication of action, Court's interest in conserving scarce judicial resources best served by ordering examination for discovery of plaintiffs take place before prothonotary of Court in Toronto who will be able to rule immediately on issues which may arise-- Defendant's motion dismissed, plaintiffs' motion dismissed.