T-2191-04: Notice of Motion

Court File No. T-2191-04

Federal Court - Trial Division

Between:

Arthur Mainil (Plaintiff)

-and-

The Canadian Wheat Board and Meyers Norris Penny (Defendants)

Notice of Motion

Take notice that the Proposed Intervener, Tom Jackson, will be making a motion to the Court in writing pursuant to Rule 369 of the [i]Federal Court Rules[\i] 1998.

The motion is for leave to grant supplementary written evidence to the Intervener Tom Jackson pursuant to Court Rule 109.(1) and grant leave pursuant to Court Rule 3, if the Honourable Court allows Intervention for the hearing starting Monday, December 20, 2004 at 10:30 AM.

The Grounds for the Motion are as follows:

  1. Pursuant to Rule 8, the honourable Court may abridge the period provided by the rules and permit this motion allowing this supplementary evidence to be added to the intervention to be considered;
     
  2. The forthcoming written submission and need for this intervention are necessary because of the very short time between the filing of T-2191-04 and the Honourable Court's urgent exceptional hearing date of December 20th, 2004;
     
  3. The Defendants should not suffer prejudice if more complete information on teh how the creation of the producer voter's list occurred, and is made available to the Honourable Court for the scheduled hearing. Further, the Producers voting in the 2004 CWB election could suffer further unnecessary prejudice if the proposed supplementary evidence is not added to the intervention of Tom Jackson.
     
  4. The Proposed Intervener, Tom Jackson, has a continuing Public and Private interest that will assist the Honourable Court in reaching a decision that secure a just, most expeditious and least expensive determination of this proceeding on its merits.

The following document is presented:

  1. Affidavit of Proposed Intervener Tom Jackson, file: 171204;
  2. Exhibits "C", "D", "E", "F", and Exhibit "G";
  3. Written Supplementary Representations of the Proposed Intervener Tom Jackson.

Dated at the town of Killam, in the Province of Alberta, this 17th day of December 2004.

(Signed by Thomas R. Jackson)