Date: 19991029
Docket: T-1798-98
MONTRÉAL, QUEBEC, THE 29TH DAY OF OCTOBER 1999
PRESENT: RICHARD MORNEAU, PROTHONOTARY
Between:
COOPÉRATIVE FÉDÉRÉE DU QUÉBEC
and its poultry division carrying on business
under the name of ALIMENTS FLAMINGO and
SOCIÉTÉ EN COMMANDITE OLYMEL
Plaintiffs
AND
AGRICULTURE AND AGRI-FOOD CANADA
and
BERNARD DRAINVILLE
Defendants
Motion by the plaintiffs for:
| 1. an order that the entire hearing of this matter be held in camera; |
| 2. in the alternative, an order that the evidence and submissions referring to some documents previously filed in confidence by the plaintiffs in the Court record be heard in camera. |
[Section 47 of the Access to Information Act, R.S.C. 1985, c. A-1
Rules 29(2) and 358 et seq. of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] I do not think the plaintiffs are entitled in this case to an in camera order in relation to the entirety of the hearing that is to be held in this Court on November 30, 1999. To that extent, the plaintiffs" motion must be dismissed.
[2] On the other hand, the plaintiffs are in theory entitled to an in camera order in relation to submissions that might refer to some documents that are at issue. However, I think the actual, specific granting of such an order should be left to the assessment of the judge who will hear the matter on its merits. He will be in the best position to fully assess whether such an order is necessary and, if so, its extent. To that extent, the granting of such an order is deferred to the judge trying the case on its merits.
| Richard Morneau |
| Prothonotary |
Certified true translation
Bernard Olivier
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO: T-1798-98 |
| STYLE: COOPÉRATIVE FÉDÉRÉE DU QUÉBEC |
| and its poultry division carrying on business |
| under the name of ALIMENTS FLAMINGO and |
| SOCIÉTÉ EN COMMANDITE OLYMEL |
Plaintiffs
| AND |
| AGRICULTURE AND AGRI-FOOD CANADA |
| and |
| BERNARD DRAINVILLE |
Defendants
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: October 26, 1999 |
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER: October 29, 1999
APPEARANCES:
Paule Hamelin for the plaintiffs
Rosemarie Millar for the defendant, Agriculture and
Agri-Food Canada
Sylvie Gadoury for the defendant, Bernard Drainville
Judith Harvie
SOLICITORS OF RECORD:
Desjardins Ducharme Stein Monast for the plaintiffs
Paule Hamelin
Montréal, Quebec
Morris Rosenberg for the defendant, Agriculture and
Deputy Attorney General of Canada Agri-Food Canada
Sylvie Gadoury for the defendant, Bernard Drainville