Canada ( Minister of Citizenship and Immigration ) v. Odynsky
T-2669-97
MacKay J.
18/8/99
7 pp.
Motion by plaintiff that Court direct, pursuant to r. 289, that portions of transcript of examination for discovery of plaintiff's deponent be introduced as evidence, in addition to portions adopted by defendant as own evidence-R. 289 providing Court may order party using part of examination for discovery as own evidence to introduce into evidence any other part thereof Court considers so related that ought not to be omitted-Oro Del Norte, S.A. v. Canada, [1991] F.C.J. No. 986 (F.C.T.D.) (QL) describing purpose of former rule as ensuring evidence from transcript of examination for discovery read in evidence at trial is placed in proper context so that seen and read fairly, without prejudice to another party that might arise if only portion of content relevant to fair understanding of evidence read given-Order accordingly-Counsel for plaintiff suggested that even if requests for introduction of additional portions of transcripts of discovery not accepted, Court, by reviewing whole of excerpts produced by defendant, might ensure full understanding of context in which admissions relied upon by defendant appear-However, Court not free to consider portions of discovery evidence not formally classed as evidence, either by party adopting portions of examination of opposite party or its deponent, pursuant to r. 288, or by order of Court pursuant to r. 289-Unless so introduced, testimony of deponent in discovery not evidence before Court and may not be considered by Court-Federal Court Rules, 1998, SOR/98-106, rr. 288, 289.