CONSTRUCTION v. SPECIALIZED, 2013 FC 495

Date: 20130510 Docket: IMM-11316-12 Citation: 2013 FC 495 Vancouver , British Columbia , May 10, 2013 PRESENT: The Honourable Mr. Justice Manson BETWEEN: CONSTRUCTION AND SPECIALIZED WORKERS’ UNION, LOCAL 1611; INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 115 Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION; THE MINISTER OF HUMAN RESOURCES AND SKILLS DEVELOPMENT CANADA; HD MINING INTERNATIONAL LTD.; CANADIAN DEHUA INTERNATIONAL MINES GROUP INC.; AND HUIYONG HOLDINGS (BC) LTD.

Respondents REASONS FOR ORDER AND ORDER UPON MOTION dated April 8, 2013, on behalf of HD Mining International Ltd. and Huiyong Holdings (BC) Ltd. (the HD Respondents) for an order that the Applicants, Construction and Specialized Workers’ Union, Local 1611 and International Union of Operating Engineers, Local 115 (the Applicant Unions), to pay costs to the HD Respondents for the cross-examinations on March 22, 2013 and April 5 2013; AND UPON reading the motion record of the HD Respondents dated April 8, 2013, the Applicants’ Reply Argument and motion record dated April 23, 2013, the HD Respondents’ Supplemental motion record dated April 30, 2013, and the Sur-Reply of the Applicants dated May 6, 2013; The HD Respondents’ motion is dismissed, for the reasons that follow. [1] By my Order dated April 4, 2013, I granted the consent Order to have the Applicants’ affiants, Mark Olsen and Brian Cochrane, attend for cross-examination on or before April 5, 2013, to answer specific questions set out in the schedules attached to my Order and any related follow-up questions;

[2] My Order of April 4, 2013, specifically excluded any reference to produce additional documents, upon the understanding that counsel for the Applicants maintained their previous objection to produce any such documents, on the basis of alleged privilege, and that the HD Respondents specifically sought to compel the answers to questions refused during prior cross-examinations only, as set out in their motion of March 28, 2013.

Notwithstanding Federal Courts Rule 94, the re-attendance I ordered for further cross-examinations limited the scope of questions to those referenced in the schedules to my Order of April 4, 2013, nothing more. ORDER THIS COURT ORDERS that : 1. The HD Respondents’ motion is dismissed. 2. Costs to the Applicants shall be in the cause. "Michael D. Manson" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-11316-12 STYLE OF CAUSE: CONSTRUCTION AND SPECIALIZED WORKERS’ UNION, LOCAL 1611 AND OTHERS v.

THE MINISTER OF CITIZENSHIP AND IMMIGRATION AND OTHERS MOTION IN WRITING CONSIDERED AT VANCOUVER, BRITISH COLUMBIA PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER: MANSON, J. DATED: May 10, 2013 WRITTEN REPRESENTATIONS

Charles Gordon Lorne Waldman FOR THE APPLICANTS Joan M. Young Robin Junger Andrew Aguilar Aleksandar (Alex) Stojicevic FOR THE RESPONDENTS, HD MINING INTERNATIONAL LTD. AND HUIYONG HOLDINGS (BC) LTD. SOLICITORS OF RECORD : Glavin Gordon Clements Barristers & Solicitors Vancouver , British Columbia Lorne Waldman & Associates Barristers & Solicitors Toronto , Ontario FOR THE APPLICANTS McMillan LLP Barristers & Solicitors Vancouver , British Columbia Maynard Kischer Stojicevic Barristers & Solicitors Vancouver , British Columbia FOR THE RESPONDENTS, HD MINING INTERNATIONAL LTD. AND HUIYONG HOLDINGS (BC) LTD.