Day 206 - 22 Jan 96 - Page 21


     
     1        Mike Logan to come this Thursday or Mr. Beech to come next
     2        Friday, or any of the other matters.  But, in the spirit of
     3        co-operation, we have been trying to fit in to what he
     4        suggested for their witnesses in the case.  So, I do not
     5        think he should make snidey comments, and if our witnesses
     6        cannot fit in, it is bad luck on Mr. Rampton.
     7
     8   MR. JUSTICE BELL:  I did not take it to be a snidey comment; if
     9        it was, let it pass.  Do your best to fix them for those
    10        days and let us know as soon as possible.
    11
    12   MR. MORRIS:  Yes.
    13
    14   MR. RAMPTON:  If I did make a snidey comment, it would be rather
    15        more obvious to me and to your Lordship.
    16
    17   MR. JUSTICE BELL:  Let it pass, Mr. Rampton.
    18
    19   MR. RAMPTON:  Can I turn next to Corey Mainprize, the
    20        Orangeville, Ontario, statement which we have been given
    21        recently under the Civil Evidence Act, I believe.  I have a
    22        complaint about this; whether your Lordship thinks that it
    23        matters or not is another matter.  So far as the substance
    24        is concerned, it does not really carry the matter one way
    25        or the other, but I do have a complaint about this.
    26        I notice the date is November 6th, 1995 which was before
    27        any of the live witnesses from Canada gave evidence.
    28
    29   MR. MORRIS:  My recollection is that Sarah Inglis brought this
    30        with her.  In fact, if you look at the bottom, that is
    31        actually my handwriting at the very bottom, "NB", which
    32        I checked with the witness.  So that is, effectively, a
    33        note of attendance at the very bottom where I checked that
    34        with the person, with Corey Mainprize.  I think that was
    35        either during or after Sarah Inglis had finished her
    36        evidence.
    37
    38   MR. JUSTICE BELL:  If there is any possibility, if you do get
    39        witness statements, I appreciate there are certain
    40        situations where it may be a difficult decision whether you
    41        want to call a witness or put the statement in at all or
    42        just leave it in your file (because it is not a disclosable
    43        document, it is a witness statement), but it is very
    44        important to decide as soon as possible which way you are
    45        going to go.
    46
    47   MR. MORRIS:  Yes, I mean, I apologise for that.  If I can say
    48        that the Plaintiff's witnesses would not be relevant to
    49        this statement anyway because it deals with something that
    50        Cam Ballantyne said. 
    51 
    52   MR. RAMPTON:  One does not know that, of course, until one has 
    53        looked into it.
    54
    55   MR. JUSTICE BELL:  No, there we are.  Your point has been made,
    56        Mr. Rampton.
    57
    58   MR. RAMPTON:  I have nothing ------
    59
    60   MR. JUSTICE BELL:  Is there any objection to it?

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