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Interlocutory Decisions : 2000

2000-12-01

LET-W-370-2000

File No. W 9250-3-6

To: Distribution List

The following Procedural Direction is made pursuant to section 7 of the National Transportation Agency General Rules to assist the Canadian Transportation Agency (the Agency) in its investigation of the above-noted matter. The Procedural Direction is directed to the parties of record on the attached distribution list as well as to any other interveners who ask to participate in the hearing.

The hearing will commence on Wednesday, January 10, 2001 at 10:00 a.m. in the Delta Centre-Ville, 777 University Street, Montréal, Quebec, H3C 3Z7.

The Agency will normally sit from 9:00 a.m. until 5:00 p.m., although extended sittings may be scheduled in the evenings, as required.

Interrogatories and notices to produce shall be filed with the Agency and copied to the other parties on or before December 6, 2000.

Responses to all interrogatories and notices to produce shall be filed with the Agency and copied to the other parties on or before December 15, 2000.

The Laurentian Pilotage Authority shall file with the Agency and copy to the parties of record on or before December 11, 2000 its witness lists and witness statements.

The Objectors (Cargill Limited, The Canadian Wheat Board, Les Silos Port-Cartier, Canadian Shipowners Association) shall file with the Agency and copy to the Laurentian Pilotage Authority on or before December 20, 2000 their witness lists and witness statements.

The lists of proposed witnesses shall identify the latter in order of proposed appearance and indicate the approximate duration of each witness' presentation of evidence. The witness statements shall identify each witness, the issues to be addressed by each witness and provide a summary of the witness' evidence on each issue. The statements shall be accompanied by all documents referred to by the witnesses if such documents are not already on record. If such documents are already on record, the statements shall describe the documents and indicate by which party they were filed and on which date.

Subject to any claim for confidentiality, witness lists and statements may be made available to any interveners who have been granted the right to cross-examine by the Agency.

Anyone wishing to participate in the hearing in any form, whether by way of written or oral submission, shall file written notice of intent to participate as an intervener in the hearing on or before December 11, 2000.

Where an intervener intends to attend the hearing and make an oral submission, it shall file with the Agency and copy to the Laurentian Pilotage Authority and the Objectors (Cargill Limited, The Canadian Wheat Board, Les Silos Port-Cartier, Canadian Shipowners Association) on or before December 20, 2000 its witness lists and witness statements. The lists of proposed witnesses shall identify the latter in order of proposed appearance and indicate the approximate duration of each witness' presentation of evidence. The witness statements shall identify each witness, the issues to be addressed by each witness and provide a summary of the witness' evidence on each issue. The statements shall be accompanied by all documents referred to by the witnesses if such documents are not already on record. If such documents are already on record, the statements shall describe the documents and indicate by which party it was filed and on which date.

Interveners will not have the right to cross-examine witnesses at the hearing subject to an application being made to the Agency for permission to do so. Any such application must be submitted to the Agency on or before December 29, 2000 and is to contain the reasons why the right to cross-examine is being sought. The cross-examination by interveners will be limited to issues not already covered by the cross-examination of the other parties.

Any one intending to raise any preliminary matter with the Agency at the commencement of the hearing on January 10 is required to give written notice of motion. Notice of motion shall be filed with the Agency and copied to the other parties no later than January 3, 2000.

The notice of motion shall contain a clear and concise statement of facts, the decision or order sought and the grounds for seeking the decision or order. Opposing parties will not be required to answer the notice of motion prior to the hearing.

The witness statements as referred to under paragraphs C and D will stand as the examination in chief of each witness. Therefore, cross-examination of witnesses by other parties at the hearing will commence upon the calling of a witness and will be devoted to witnesses who have filed statements. In this way, witnesses will not be expected to present their evidence which has already been filed with the Agency.

Hearing participants making reference to any document or extract of document shall ensure that at least 20 copies of the document or extract are available for distribution at the hearing.

Anyone requiring particular facilities or services at the public hearing should inform the undersigned no later than December 20, 2000 at the address set out below in order that the necessary arrangements can be made.

Parties may give evidence at the hearing in the official language of their choice.

Arrangements for the purchase of daily transcripts of proceedings can be made with the transcription service at the hearing.