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[24]
In October 2012, the applicants moved for leave to file affidavit evidence introducing
records from the Commissioner of Elections. Leave was granted, with the hearing judge to
[25]
In late November 2012, additional ITO information having been brought to light by the
press, the applicants moved for leave to examine three investigators for the Commissioner of
Elections, Mr. Mathews, Mr. Dickson, and Mr. Thouin, or to file an affidavit containing
information about their investigations. A redacted affidavit with redacted exhibits was allowed
on December 6, 2012. The Chief Electoral Officer moved to have investigation evidence
admitted to the record, asking for an order permitting the filing of a collection of documents
brought to light through Access to Information and Privacy (ATIP) requests as exhibits to an
affidavit. This was also granted on December 6, 2012.
[26]
Finally, on December 5, 2012, the applicants asked for relief from the October 10 consent
order under which they could file no more expert opinion evidence, having belatedly discovered
a factual error in the respondent MPs’ reply evidence addressing Mr. Graves’ affidavits. This
motion was granted subject to the production of Mr. Graves for cross-examination at the hearing,
as contemplated by s 525(3) of the Act and by the Rules.
[27]
The hearing began as scheduled on Monday, December 10, 2012 and was concluded on
Monday, December 17, 2012. In addition to the substantive merits of the applications and the
procedural issue relating to timeliness, two of the motions brought by the respondents during the
interlocutory proceedings remained to be determined by the Court: the maintenance and
2013 FC 525 (CanLII)
decide on the weight and probative value of this evidence.
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