Walker v. Randall
T-1103-98
Reed J.
15/9/98
4 pp.
Application to file reply affidavit to answer affidavit filed by George Kolk-Latter residing in Ottawa, applicant in Vancouver-Counsel for respondents unwilling to consent to filing of reply affidavit without seeing affidavit applicant wishes to file-No requirement affidavit be in existence when leave to file reply affidavit under r. 312 sought-Applicant giving good explanation as to why she wishes to file reply affidavit: expense, distance, time make cross-examining Kolk difficult-Not necessary for Court to first see affidavit before leave granted in order to be able to determine leave should be granted in accordance with principles set out in Eli Lilly & Co. et al. v. Apotex Inc. et al. (1997), 137 F.T.R. 226 (F.C.T.D.)-Application granted-Federal Court Rules, 1998, SOR/98-106, r. 312.