PRACTICE |
Evidence |
Hamilton v. Canada
T-80-99
2002 FCT 553, Heneghan J.
14/5/02
7 pp.
Motion by plaintiff for order allowing evidence to be presented by way of filing transcript of examination for discovery in lieu of oral, affidavit evidence--Motion by defendant for order plaintiff be required to post security for costs--Plaintiff commenced action in negligence against defendant, claiming damages for personal injuries allegedly sustained while inmate at Collins Bay Institution, Kingston, Ontario--Deported from Canada on January 18, 2002-- Action herein proceeding as simplified action--Plaintiff failing to show why should be exempt from general rules, practice regarding admission of evidence at trial--Should not be exempt from general requirement of attendance for cross-examination--Credibility at issue, cross-examination best tool of testing credibility--Plaintiff's motion for leave to enter discovery examination as evidence at trial dismissed-- Plaintiff advancing serious claim on merits--Order for security for costs should not issue herein, having regard to nature of claim advanced by plaintiff against defendant-- Defendant's motion dismissed.