Scientology in Canada

Al Buttnor/Ken Montgomery Case: 3

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IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF EDMONTON
BETWEEN:
ALLAN ANTHONY BUTTNOR
Plaintiff
- AND -
JANICE "KELLY" GARIEPY, REED LEARY,
and KEN MONTOGOMERY
Defendants
AND BETWEEN:
KEN MONTOGOMERY
PLAINTIFF BY
COUNTERCLAIM
- and -
ALLAN ANTHONY BUTTNOR and
CHURCH OF SCIENTOLOGY OF ALBERTA
DEFENDANTS BY
COUNTERCLAIM
_AFFIDAVIT_
I, KEN MONTGOMERY, of the City of Edmonton, in the Province
of Alberta, MAKE OATH AND SAY THAT:
1.       I am one of the Defendants herein, and the Plaintiff by
Counterclaim, and as such have personal knowledge of the matters
hereinafter deposed to, except where stated to be based upon
information and belief.
2.       I refer to my earlier Affidavits filed in this action, and
in particular my Affidavit sworn in this matter on May 13, 1994.
3.       In January, 1995, the Solicitor for the Plaintiff
(Defendants by Counterclaim), advised my Counsel that their
position was that the both of these matters should proceed to
Examinations and to Trial.
4.       Counsel for the Plaintiff (Defendants by Counterclaim)
subsequently withdrew, but in April, 1995, commenced acting for
them again.  At that time, it was again noted that his clients
were prepared to attend Examinations, and dates were discussed.
5.       On June 8, 1995, my Counsel with respect to the
Counterclaim received correspondence confirming that the date for
the Examination would be August 18, 1995, and that my Counsel
would be commencing the Examination by Examining a selected
officer of the Church of Scientology.  A copy of that letter is
attached as Exhibit "A" to this my Affidavit.
6.       An Affidavit of Documents was received by my Counsel on
the Counterclaim on July 6, 1995, along with copies of documents
contained therein. My Affidavit of Documents on the Counterclaim
had been provided to the Defendants by Counterclaim some 18
months earlier, on February 21, 1994.
7.       My Counsel on the Counterclaim was advised in early August
that the Church desired copies of all documents in my affidavit
of Documents, and were apparently not prepared to simply have
their Counsel attend upon my Counsel to review them. I
personally photocopied hundreds of pages in order to ensure that
the documents were copied in a timely manner as Examinations were
fast approaching. Counsel for the Church had demanded on behalf
of his clients on August 10 that he receive the documents by
August 11, which was done and in fact the documents were hand
delivered to his office by myself.
8.       The matter was long scheduled for August 18, 1995. My
Counsel on the Counterclaim did extensive preparations for the
matter. In addition, I spent several hours preparing myself with
respect to this matter, and I had retained new Counsel with
respect to my Statement of Defence, who had to review the file.
9.       The afternoon of August 17, 1995, Counsel for the
Plaintiff (Defendants by Counterclaim) wrote to my counsel
advising that his clients simply refused to attend Examinations
on August 18. A copy of that letter is attached as Exhibit "B"
to this my Affidavit.
10.      I verily believe that this delay is one that is
deliberate@ and without any reasonable basis. This is an abuse
of the Court process. I further believe that the Church has been
censured with respect to Trial delay tactics in the past, most
notedly by The Honorable Mr. Justice J. Agrios in _Church of
Scientology_ v. _Evelyn Hamdon, et al_, and in the recent Supreme
Court of Canada decision involving Mr. Justice Casey Hill.
11.      It is my belief that the delays will continue unless such
delays are placed before the Courts. I seek costs with respect
to the missed Examinations and the preparation time for myself
and my Counsel, on a Solicitor/Client basis. I further seek an
Order compelling the attendance of the Church at Examinations for
Discovery within the next 21 days.
SWORN BEFORE ME at the           )
City of Edmonton, in the         )  (signed) K H MONTGOMERY
Province of Alberta, this        )----------------------------
24 Day of August, 1995.          )
(signed)
-------------------------
A COMMISSIONER FOR OATHS IN
AND FOR THE PROVINCE OF ALBERTA
HAMISA HENDERSON
(SOLICITOR)

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