If Canada Post gets documents so should Caspian, contractor's lawyer argues

If Canada Post gets access to documents seized as part of a fraud investigation into construction contractor Caspian, then Caspian should be granted the same right, say lawyers for the contractor.

The lawyersfor Caspian Constructionand Caspian Projects Inc. were in court to argue that position Wednesday.

Both Caspian companies are owned bycontractor Armik Babakhanians, and had been hired to buildtwo multi-million dollar construction projectsthe RCMP are presently investigating for alleged fraud.

The Winnipeg police headquarters, which cost the city just under $214 million dollars to buy and transform anold building downtown into the new HQ, andthe Canada Post Mail Processing Plant, which opened near the James Richardson International Airport in 2010, and cost the Crown corporation more than $100 million.

In August, Canada Post asked the courts for access to invoices seized by the RCMPas part of the fraud investigation into theconstruction of the Winnipeg mail plant. The Crown corporation said it wanted to analyze those documents and potentially file a civil suit to recoup any money owed.

• CBC INVESTIGATES: Fears of witness intimidation, destruction of evidence revealed in Caspian case
• 'Looks like a fraud, walks like a fraud': Canada Post lawyer argues for access to Caspian documents
• 'Criminal charges will be sought' in Winnipeg police HQ, Canada Post mail plant probe, say RCMP

Caspian's lawyersaid his client is opposed to the sharing of documents, but if the courts grantCanada Post's application, then Caspian should get to see the documents too.

"Caspian should have the same access as Canada post in fairness," saidlawyer Jeff Baigrie."We have to have access to the documents in fairness to defend ourselves."

On Tuesday, Canada Post's lawyer Bob Sokalskisaid the sworn affidavits and information to obtain search warrants that RCMPfiled in court as part of their criminal investigation clearly prove a fraud has been committed.

But Baigriepushed back, and argued there is no proof of fraud, or "thef-word" as he called it, particularly because he said in order to prove fraud you have to prove intent.

"The officers involved have no auricular insight into the minds of Caspian and its employees," Baigrie said.

He saidCanada Post is on a "fishing expedition" and should not be given access to the documents,which still belong to Caspian, even though they arein the RCMP's possession.

Caspian can'tpresent full case

When Baigriewas done, Caspian's other lawyer Saul Simmonds got up to present his arguments but was stopped by Court of Queen's Bench JusticeSadie Bond, who said he had not filed a motions briefoutlining his arguments whichis required in cases such asthis.

Simmonds, who is a criminal defence lawyer,said he wasn't familiar with civil court rules and didn't know he had to file a brief in advance.

Sokalski, who appearedoutraged, stood up and told the court he had emailedSimmondson September 6 to tell him if he intended to make any arguments in court during theDecemberhearing, he would need to file a motions brief in advance.

"To show up at the eleventhhour and say you didn't know.That's way offside, that's way out of line," he said.

Sokalskisaid in civil court, briefsmust be filed sevendays in advance, and in criminal court the timeframe iseven longer.

"Those are the rules," he said.

The court was told Simmonds had sent a two-page email Tuesday night briefly outlining the points he wanted to make but did not go into enough detail to give Canada Post the opportunity to properly prepare a response.

"I'm limiting your argument today because of your failure to comply with the rules," said Justice Bond.

Simmondswas allowed to re-argue points already made by Baigrie.

On Tuesday, lawyers for the AttorneyGeneral of Manitoba and Canada argued onbehalf of theRCMPand the Crown that any sharing of the documents would compromise the police probe which is not yet complete.

Justice Bond reserved her decision and will deliver her ruling at alater date.