Syntex Inc. v. Canada ( Minister of Health and Welfare )
T-1898-93 / T-1964-93
Gibson J.
21/4/95
7 pp.
Orders seeking permission to withdraw and replace affidavit at issue and amending order establishing schedule for completion of procedural steps -- Affiant formerly employed by applicant now working for competitor; competitor respondent in related litigation -- Substance of proposed replacement affidavit substantially identical to substance of affidavit at issue -- Case law holding Court should not permit withdrawal of affidavit merely to prevent cross-examination, not applicable: replacement by substantially identical affidavit maintaining integrity of justice system -- Order permitting withdrawal and substitution of substantially identical affidavits purely in discretion of Court--Court declining to exercise discretion as applicants failing to make case justifying order despite application adjourned to allow applicants to file better and further evidence -- Specifically, no evidence presented indicating: (1) proposed affiant as well versed in affidavit's subject-matter; (2) original affiant having concerns with respect to cross-examination; (3) new employer having concerns regarding applicant's counsel interviewing original affiant; (4) contact between soliciicd_ and original affiant offending anyone other that applicant's solicitors; (5) original affiant's new responsibilities such as to cause embarrassment or prejudice to anyone in event of cross-examination; (6) all other alternatives to withdrawal of affidavit fully explored and unworkable.