Canada v. Puddister Trading Co.
A-275-95
Stone J.A.
19/3/96
4 pp.
Appeal from Trial Judge's finding information deleted by appellants from appellants' supplementary affidavit of documents not protected by public interest immunity-Appeal dismissed-If appellants wish to assert public interest immunity in respect of deleted portions of supplementary affidavit of documents, they should do so within ten days of date hereof by making faithful compliance with requirements of Canada Evidence Act, s. 39 in fresh certificate-With respect to costs, Trial Judge marked displeasure with appellants' counsel for electing to delete material from documents without saying so in clear and unmistakable terms-Appeal made necessary solely because of appellants' own missteps in preparing supplementary affidavit of documents and certificate by not effectively invoking s. 39 immunity in respect of deleted portions of documents in controversy-Respondents should therefore have costs of appeal on solicitor and client basis including all necessary and reasonable disbursements, in any event of cause-Canada Evidence Act, R.S.C, 1985, c. C-5, s. 39.