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8 MR. DAVISON:

9 761 Q Okay. And it says in there that the deposits are

10 really the issue, and you still didn’t feel that you

11 would want to give the copies or those documents to

12 your counsel?

13 A I never withheld them.

18 763 Q And so your counsel has never asked you for a copy of

19 these cheques or anything?

20 A I don’t believe so.

21 764 Q What about on your affidavit, your third one? You

22 see now, at least that point, you must have known it

23 was an issue; correct? You photocopied them and said

24 these are the cheques, this is the cheque and —

25 correct? Is that the first time you —

Page 107

1 A No, I didn’t photocopy that.

2 765 Q Did you sign an affidavit with those attached?

3 A I don’t believe so.

4 766 Q Oh. Well, you — actually you did.

5 A Oh, did I?

6 767 Q Yeah.

7 A Okay. See, I don’t remember.

18 MR. DAVISON:

19 769 Q So you’re not sure when you realized it was an issue?

20 A No.

21 770 Q Okay. Well, I would put it to you that you knew it

22 was an issue and that’s why you wouldn’t disclose

23 that there was a cheque improperly given as tender;

24 is that correct?

25 MR. MCKENDRICK: You know, it’s a ridiculous question.

Ms. Hundley’s trial transcripts

72

Lucy Hundley (the Plaintiff)

(Recalled)Cross-exam by Mr. Davison

33 Q You — it’s fair to say you must have an idea that

34 there was — the deposits were a bit of an issue?

35 It’s been in the statement of defence and —

36 A I don’t understand why the deposits were a bit of

37 an issue.

38 Q I appreciate that. But you know to the Garniers

39 that it’s — it’s an issue?

40 A All right. You’re telling me that.

41 Q Is that — is this the first time you’ve heard

42 that?

43 A No. I heard that from you on the discovery.

44 Q Okay. Was that the first time you heard it?

45 A Yes.

46 Q And so prior to that you hadn’t — although the