AFFIDAVIT

IN SUPPORT OF MOTION FOR EXTENSION OF TIME

I, ARLENE LOWERY, DO HEREBY MAKE OATH AND SAY AS FOLLOWS:
1. On November 23, 2010 I was notified by the Supreme Court of Canada
Reistrar!s offi"e that "ertain parties were not in re"eipt of the do"uments by
November 0#, 2010.
2. $ven thouh I had been on time fi%in with the Supreme Court of Canada &hereby
referred to as SCC' and had to my (now%ede provided ade)uate information as
to the de%ays bein in "onta"t either dire"t%y or by emai% on November 0#, 2010, I
shou%d sti%% fi%e a Noti"e of *otion re)uestin an $+tension of ,ime to fi%e a
Noti"e of *otion to ,a(e -eave to .ppea% the de"ision S/C.100Can-II to
November 10, 2010.
3. ,his was re)uested of me, by te%ephone by Su1anne of the reistrar!s offi"e sin"e
*s. C. C%ifford for the Respondents &2efendants' Chief Ca% 3ohnston and
Corpora% 2ebbie 4eruson and *r. Cann, "ounse% for 2r. C. Norman, 2r. S.
-eibe% and 2r. -.5. Ruthnum "%aimed they were not served the written materia%s
unti% November 10, 2010.
6. On November 0#, 2010, either by de%ivery of written materia%s or by emai% a%%
parties were served. Exhibit A. are copies of the email sent to Ms. C. Clifford for
the Respondents (Defendants) Chief Cal Johnston and Corporal Debbie
Ferguson, Mr. Brian Gibson, counsel for the ttorne! General of the Go"ernment
of Canada and Mr. Cann, counsel for Dr. C. #orman, Dr. $. %eibel and Dr. %.&.
Ruthnum.
'. Exhibit B. is the ( page ffida"it of $er"ice b! Mr. %o)er! )ith the e*hibits+
attachments as listed therein.
7. On November 23, 2010 preparin the Noti"e of *otion to $+tend ,ime to fi%e, I
noted that not one member of the "ounse% team had returned the ."(now%edment
of Servi"e provided to them with their written materia%s.
8. *r. 9ibson shou%d have re"eived his written materia%s after the November 11,
2010 ho%iday in the wee( fo%%owin but to my (now%ede had no diffi"u%ty with
this and had in fa"t re"eived the emai% as do"umented in ,*hibit .
#. On November 23, 2010 after spea(in with the reistry I wanted to ensure that the
November 10, 2010 time:%ine was %on enouh for *r. 9ibson, (nowin that he
wou%d have re"eived his written materia%s %ast, bein that they were mai%ed by
reu%ar post to his offi"e in Sas(atoon, Sas(at"hewan.
0. I %eft an urent messae for *r. 9ibson, whi"h was returned by a ent%eman by
the name of *i"hae% ;rennan.
10. I e+p%ained to *r. ;rennan the need to (now when the materia%s were re"eived by
their offi"e, to determine the e+tension re)uired, or if *r. 9ibson had a prob%em
with simp%y havin November 10, 2010 as the e+tension date as I had been
dire"ted to do.
11. *r. ;rennan indi"ated he wou%d ma(e some in)uiries and et ba"( to me.
12. .ppro+imate%y 6<=0 p.m. he te%ephoned me ba"(.
13. >e "onfirmed that *r. 9ibson was served the materia%s but that he did not thin(
that he needed to ."(now%ede Servi"e on him sin"e the .ttorney 9enera% of the
9overnment of Canada was not on the Sty%e of Cause.
16. I was surprised by this sin"e *r. 9ibson and the other %awyer&s' invo%ved in this
"ase have been an intera% part of this %awsuit sin"e 2e"ember 01, 200= and the
matter of bein added to this %awsuit was part of the aruments on *ar"h 08,
2007.
1=. In addition, *r. 9ibson!s "%ient was represented at the Sas(at"hewan Court of
.ppea% and I "ou%d not understand why he wou%d not understand that his "%ient
was sti%% an intera% part of this %itiation at the Supreme Court of Canada phase.
17. ,his prompted me to write a 2 pae %etter (attached as Exhibit C.) to the reistry
e+p%ainin my "on"erns in parti"u%ar over the a""ura"y of the Sty%e of Cause and a
)uestion as to the need to re)uest an e+tension of time to ,a(e -eave to at %east
November 23, 2010, bein that *r. ;rennan a"(now%eded that their offi"e had
been in re"eipt of the materia%s.
18. In the mornin of ?ednesday, November 26, 2010, a woman %eft me a messae
by the name of ,ra"y 4riesen.
1#. She identified herse%f as *r. 9ibson!s assistant and indi"ated he was out of the
offi"e unti% the end of the month and wou%d attend to my "on"erns upon his return.
10. I te%ephoned *s. 4riesen ba"( after hearin her messae and stressed the uren"y
of the a"(now%edment of havin been served.
20. In my messae I indi"ated that I had sent a 12 pae fa"simi%e yesterday out%inin
what my "on"erns were.
21. *s. 4riesen %eft me another messae after this indi"atin they on%y re"eived a one
pae b%an( sheet of paper with the name of our orani1ation at the top.
22. November 26, 2010, I sent a = pae fa"simi%e to "ounse% and the reistry of the
SCC informin them of the situation to date. Note that in error the Sas(at"hewan
Court of .ppea% re"eived this = pae fa"simi%e a%so'. . "opy of this fa"simi%e is
atta"hed as $+hibit $.
23. I have apo%oi1ed for the de%ay in some of "ounse% re"eivin their written
materia%s and trust it is a""eptab%e.
26. In "on"%usion< I point out to you the Sty%e of Cause in my .pp%i"ation to ,a(e
-eave were %eft off due to the dire"tions whi"h are on SCC website!s ?e%"ome
5ae for se%f:%itiants and it states as per 4OR* 22 atta"hed as $+hibit 4.
2=. In "ase *r. 9ibson or the reistry of the SCC re)uire that I "hane the Sty%e of
Cause as it was in the ?ritten .rument for the .ppea% in the Sas(at"hewan
Court of .ppea% I have added an .mended Sty%e of Cause for the Noti"e to ,a(e
-eave to .ppea% and for this Noti"e of *otion a%so.
27. 4urther I have fi%ed a Noti"e of *otion for an $+tension to ,a(e -eave as a
forma%ity, with a date of November 10, 2010 or if need be for *r. 9ibson, an
e+tension of November 23, 2010, the date I re"eived "onfirmation from *r.
9ibson!s offi"e that they had re"eived the written materia%s.
28. I am a%so fi%in a Sty%e of Cause for this motion re)uested of me as it was in the
Sty%e of Cause of what was oriina%%y fi%ed.
2#. It shou%d be abundant%y "%ear thouh that both *s. 3oy"e -a5rise and the
9overnment of Canada are parties to this %awsuit as Respondents &2efendants' as
they were added on 2e"ember 01, 200= and sin"e not one member of "ounse%
fi%ed an app%i"ation to stri(e my amended "%aim or aruments as to why they
shou%d not remain on my Statement of C%aim &.mended 4resh Copy' fi%ed with
the .55$N2I@, they remain on,
20. ,his rationa%e is "entra% to my arument as per my *$*OR.N2A*.
30. I am re)uestin that in the future that "ounse% or their representative fa+ ba"( their
."(now%edment of Servi"e in a time%y manner to "ontinue re"eivin further
fi%ins, whi"h in"%udes the ."(now%edment of Serive a""ompanyin this
app%i"ation.
2ated at Reina, Sas(at"hewan, this 27
th
day of November, 2010, by the .pp%i"ant
&5%aintiff' .R-$N$ -O?$RB, on her own beha%f.
.r%ene -owery, .pp%i"antC.ppe%%ant &5%aintiff'
203:1#0# Smith Street,
Reina, S/ C.N S65 2N6
,e%D &307' 20=:6170
4a+< &307' 20=:6171
$:mai%< an"horinnEymai%."om
To Office of the Registrar: Fax: 613-6-13!
reistry:reffeEs"":"s"."."a
713:007:#777
1:###:==1:11#=
Supreme Court of Canada
301 ?e%%inton Street
Ottawa, Ontario
/1. 031
Sent by fa"simi%e with hard"opy and "he"( of F8=.00 to fo%%ow by reistered mai%
November 27, 2010.
AND TO:
2arry% ;rown, So%i"itor for the .ttorney 9enera%, Sas(at"hewan 9overnment
Sas(at"hewan 3usti"e
Civi% -aw division
000:1#86 Smith Street
Reina, S/, Canada
S65 6;3
,e%ephone< &307' 8#8:#0=3
4a+ number< &307' 8#8:=#1$mai%< d.brownEGusti"e.ov.s(."a
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