PRACTICE |
Azouz v. Canada (Attorney General)
T-34-99
Lemieux J.
29/12/99
6 pp.
Appeal from decision by prothonotary Morneau under r. 51 staying motions sine die pending verification of health of author of affidavit--Prothonotary's order discretionary--Judge hearing appeal should not intervene unless order clearly wrong in sense that Prothonotary's exercise of discretionary authority based upon wrong principle or misapprehension of facts--Appellant asked Court by judicial review to quash request for information by Revenue Canada to U.S. Internal Revenue Service--Appellant filed affidavit of Mr. El-Outaibi, resident of Saudi Arabia with health problems--Respondent wished to exercise right of cross-examining Mr. El-Outaibi viva voce--Appellant filed motion for order cross-examination be in writing--Irregular nature of affidavit by Nicole Bertrand justified dismissing appellant's motion cross-examination of Mr. El-Outaibi be in writing--From concern justice be done, Prothonotary adjourned motion and made order respecting rights of parties--Appellant's arguments without merit and case law cited not relevant--To dispose of motion, quite apart from question of jurisdiction, important factor Mr. El-Outaibi's disability--Prothonotary's order directed specifically to this end: establishing necessary facts--Exercise of discretionary authority by Prothonotary clearly not in error--Appeal dismissed--Federal Court Rules, 1998, SOR/98-106, r. 51.