Chopra v. Canada ( Treasury Board )
T-200-99
Dubé J.
31/5/99
7 pp.
Motion for order striking affidavit filed in response to application for judicial review of Associate Deputy Minister's denial at final level of grievance concerning letter of reprimand given to applicant by affiant-Affidavit not part of record certified as being full record before decisionmaker-Affidavit outlining factual background leading to decision, describing mandate, organization of Bureau of Veterinary Drugs, duties of employees of Bureau, process whereby new veterinary drugs reviewed, current initiatives to improve Bureau's performance-Federal Court Rules, 1998, r. 312(a) allowing Court to grant to party leave to file affidavits additional to those authorized under rr. 306, 307-Tests for determining whether leave should be granted: whether would serve interests of justice, will assist Court, will not cause serious or substantial prejudice to other parties-Leave granted to file reply affidavit where other party could not have anticipated opposing party would introduce fresh evidence: Abbott Laboratories, Ltd. v. Nu-Pharm Inc. (1997), 77 C.P.R. (3d) 140 (F.C.T.D.)-Applicant, as employee of Bureau, would have knowledge of matters in affidavit-Not new information that could prejudice applicant's case-General background information could be of assistance to judge presiding over judicial review-Would assist orderly progress of judicial review if matter disposed of in advance of hearing-Applicant could not have anticipated respondent would file such substantial affidavit after having been informed given full record-In interest of justice affidavit not be struck out at this stage and to allow applicant to file affidavit in reply, with both parties allowed to cross-examine affiants-Motion dismissed-Federal Court Rules, 1998, SOR/98-106, rr. 306, 307, 312(a).