Saturday, October 10, 2009

Legal truce puts Uff probe back on track with conditions

There has been a legal truce between UDeCOTT and the Uff commission of inquiry but no substantial change in the process.

Lawyers for both side met Friday with Justice Mira Dean-Armorer and by mutual consent amended the consent order which she granted a week earlier.

The change means that the ban on the commission holding hearings or preparing or publishing a report is formally lifted but with certain conditions.


And the the judicial review application which was set for February 2010 has now been brought forward to January 2010 and will be heard from the 11th to the 22nd.

However there are still stringent conditions, which mean that the commission won't be resuming hearings immediately or preparing a report for the president any time soon.

Here are the conditions:
  • The commission must give UDeCOTT 28 days notice if it wants to proceed with any further hearing of the enquiry or to publish any part of its report
  • The commission can work on its report but UDeCOTT reserves the right to challenge or object to it if the commission wishes to publish it
The new order states:
  • "For the avoidance of doubt, it is expressly agreed that in the event of the commission giving notice in accordance with their undertaking herein, the claimant reserves the right to apply to the court for such relief as may be appropriate."
  • The original order stated: "There will be no reinstatement or resumption of the enquiry by way of further hearings or the reception of evidence, and/or preparation of publication or dissemination of any report(s) until the date fixed herein for the hearing of the substantive application".

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai