T-2191-04: Affidavit of Gwen Ginter

File No. T-2191-04

The Federal Court Trial Division


Arthur Mainil (Plaintiffs)


The Canadian Wheat Board and Meyers Norris Penny LLP (Defendants)

Affidavit of Gwen Ginter

I, Gwen Ginter of the Town of Carroll, in the Province of Manitoba, make oath and say that:

  1. I assisted Peter S. Eckersley in the conduct of the Canadian Wheat Board 2004 Election. As a result, I have personal knowledge of the facts and matters deposed to herein by me, except where the same were stated to be based upon information of belief in which case I believe them to be true.
  2. On or about November 9, 2004 I was contacted by Robert Shaw who advised me that he had not received a ballot. I asked him for permit numbers and checked those numbers against my database. Those permit numbers were not in our database. I contacted Donna Inkster at the Wheat Board and asked what she knew about permit numbers 72148794, 80765290, and 80760788. These were the permit numbers given to me by Mr. Shaw.
  3. I was advised by Donna Inkster by e-mail on November 9, 2004 that those three permit numbers related to applications completed on November 3 and November 4. This was after the final voters list had been compiled and the ballots mailed out. Attached hereto and marked as Exhibit "A" is a copy of my email exchange with Donna Inkster on November 9, 2004.
  4. Given that those permits were taken out too late to be included on the final voters list, in consultation with Mr. Peter S. Eckersley, we decided to send out to Robert Shaw by fax, the Statutory Declarations.
  5. The Statutory Declarations were returned to me on or about November 16, 2004 and I forwarded them to the CWB. I received confirmation from the CWB on or about November 17, 2004 that the land matched up and that ballots should be issued. Ballots were sent out the same day.
  6. The confirmation I received from Donna Inkster on November 17, 2004 noted that the three permits were made out to R. Shaw Holdings, Robert J. Shaw and Norma J. Shaw. I was advised by the Wheat Board that those permit holders became active on or about November 3, 2004. Those permit holders did not hold permits in 2003-2004. Attached hereto and marked as Exhibit "B" is the e-mail from Donna Inkster dated November 17, 2004.
  7. Our interpretation of the Statutory Declaration was that it applied in situations where people did not appear on the final voters list because they did not have permits at the time that list was issued.
  8. I did not advise Mr. Shaw on the content of the Statutory Declaration, and was not present when he signed it. I did not instruct him to swear and file a false Statutory Declaration.
  9. I make this Affidavit bona fide.

Sworn before me at the City of Brandon, in the Province of Manitoba, this 17th day of December 2004.
(Signed by a Notary Public in and for the Province of Manitoba)

(Signed by Gwen Ginter)