Day 192 - 27 Nov 95 - Page 54


     
     1        visit; you said that you never heard of a visit like that
     2        before?
     3        A.  No.  We only had field consultants from Head Office
     4        come down and then we would have, I believe it is called
     5        full field come in to rate the store on how it was
     6        running.  Those are the only two that I have ever heard of
     7        when I was working there for three years.
     8
     9   Q.   Right.  I am just going to check her transcripts.  When you
    10        went round to her house, Michelle Wetli's house, you said
    11        about 8.30, or something like that, after a prearranged
    12        appointment, did you refuse to leave?
    13        A.  No, she never asked us to leave.
    14
    15   Q.   So you kept chatting quite happily until the conversation
    16        had finished?
    17        A.  Yes.
    18
    19   Q.   We have nearly finished.  I just want to check the
    20        documents to see if there is anything.
    21
    22   MR. JUSTICE BELL:  Just sit down and do that.
    23
    24   MR. MORRIS:  Can I ask a legal question?
    25
    26   MR. JUSTICE BELL:  Yes.
    27
    28   MR. MORRIS:  If someone who is a witness says to someone -- say,
    29        for example, one of these people that is in the so-called
    30        intervenors that the Plaintiffs have now relied on as
    31        witnesses, says something to Miss Inglis, is that evidence,
    32        I know it is hearsay, but if it is what another witness
    33        says?
    34
    35   MR. JUSTICE BELL:  It is evidence of the fact that it was said,
    36        query whether that is relevant.  So what you have got to
    37        ask yourself is, if it is only evidence of the fact that it
    38        was said and not the truth of what was said, then is the
    39        fact that it was said relevant to some issue in the case?
    40
    41   MR. MORRIS:  I understand that.  That is why I brought that up
    42        with the, about Sabina Iurillo had said she never made
    43        complaints and, in fact, she had made a complaint to Miss
    44        Inglis.  So that would be relevant in that case.
    45
    46   MR. JUSTICE BELL:  Just sit down for a moment.
    47
    48   MR. MORRIS:  I was not going to bring anything up.  It just
    49        crossed my mind.  Can I ask another legal question?  The
    50        documents put in by either the intervenors or by 
    51        Mr. Ballantyne or, indeed, by McDonald's Canada, if they 
    52        are signed documents are they evidence at all for the 
    53        Labour Board hearing?
    54
    55   MR. JUSTICE BELL:  It really depends whether they have -----
    56
    57   MR. MORRIS:   If it is an admission.
    58
    59   MR. JUSTICE BELL:  If there is a document made which appears, on
    60        the face of it, to have been made by Mr. Ballantyne or by

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