Goldner v. Canadian Broadcasting Corp., (1974) 1 N.R. 420 (FCA)

• Judge: Jackett, C.J., Pratte, J. and Hyde, D.J.
• Court: Federal Court (Canada)
• Case Date: January 21, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 1 N.R. 420 (FCA)

Goldner v. CBC (1974), 1 N.R. 420 (FCA)

MLB headnote and full text

Goldner v. Canadian Broadcasting Corp.

Indexed As: Goldner v. Canadian Broadcasting Corp.

Federal Court of Canada

Jackett, C.J., Pratte, J. and Hyde, D.J.

January 21, 1974.

Summary:

This interlocutory application to adduce further evidence before the Federal Court of Appeal was made under Federal Court Rule 1102. Federal Court Rule 1102 states:

"1102(1) The Court of Appeal may, in its discretion, on special grounds, receive evidence or further evidence upon any question of fact, such evidence to be taken by oral examination in court or by deposition, as the Court may direct.

"(2) In lieu of the Court receiving evidence or further evidence under paragraph (1), it may direct a reference under Rule 500 as though that rule and rules 501 and 507 were incorporated in this Part as far as applicable."

Practice - Topic 9030

Appeals - Evidence on appeal - Federal Court of Appeal - Federal Court Rule 1102 - The Federal Court of Appeal dismissed an application to adduce further evidence before the Federal Court of Appeal where the application was based on inexperience or ineptness at trial.

Statutes Noticed:

Federal Court Rules, rule 1102.

Counsel:

J. Leger, for the appellant;

R. Lefcort, for the respondent.

The judgment of the court was delivered by HYDE, D.J.