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44

45 And then it says:

46

47 Enclosed is the signed rental agreement.

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2 Which you say you never obtained?

3 A That’s correct.

4 Q

5 Unless you’re willing to do — provide us

6 with concrete proof about the two deposits,

7 please don’t — do not harass us.

8

9 Now, you’ve said that you’ve only — at your

10 examination for discovery is the first time that

11 you ever saw these letters, correct?

12 A That’s correct.

13 Q Okay. There was —

14 A And —

15 Q — a point there where you did an affidavit for

16 Ms. Hundley in regards to her action, correct?

17 THE COURT: I’m sorry, I’m not understanding.

18 MR. DAVISON:

19 Q When Ms. Hundley sued the Garniers, you supplied

20 an affidavit for her in — in regards to that

21 matter, correct? Before you were named as a third

22 party in this action?

23 A I supplied an affidavit at the request of

24 Mr. McKendrick.

25 Q And did you know at that point what this claim was

26 about? Ms. Hundley’s claim against the Garniers,

27 did you know what she was claiming for?

28 A Well, may I see the — the affidavit? I would

29 like to check the —

30 Q I’m —

31 A — date.

32 Q I’m actually not going to ask you questions about

33 that, but if I ask you the next question and you

34 still need to see it, I’ll be happy to get it for

35 you.

36 Did you get a chance, when doing this

37 affidavit, to look at the statement of defence by

38 the Garniers?

39 MR. BLANCHARD: Well, My Lord, —

40 MR. DAVISON:

41 Q Have you ever —

42 MR. BLANCHARD: — If my friend is going to question

43 him about his affidavit, surely —

44 THE COURT: I don’t think that’s the question. I

45 think the question is whether he saw the statement

46 of defence.

47 MR. DAVISON: Yes My Lord.