, 2009 FC 449
Justice Phelan - 2009-05-04
Read full decision. Automatically generated summary:
The Defendants have brought a motion under Rule 289 to require the Plaintiffs to introduce into evidence, through read-ins, other parts of the discovery evidence of the Defendants' witnesses.
The basic principle of Rule 289 is not disputed – to ensure that the answers to questions fairly reflect the true response given. Justice Pelletier (as he then was) in Canada (Minister of Citizenship and Immigration v. Fast), 2002 FCT 542, summarized the approach to the issue succinctly – whether the additional material showed either that the witness did not understand the particular question or that the portion being read in was misleading in the sense of suggesting that the witness, at that point, was saying one thing when in fact he/she was saying another.
Decision relates to:
- T-1236-01 - EDWARD GRENKE AND GRENCO INDUSTRIES LTD. v. CORLAC INC.