Summary

Keywords

Civil procedure — Disclosure of material — Motion to dismiss appeal — Material in possession of tribunal — Whether Federal Court of Appeal erred in finding that application for review provided for in s. 41 of Access to Information Act, R.S.C. 1985, c. A-1, constitutes application for review for which there is no record liable to be produced under Rule 317 of Federal Courts Rules — Whether Federal Court of Appeal erred in granting motion to dismiss appeal — Federal Courts Rules, SOR/98-106, Rule 317.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In the context of an application for review pursuant to s. 41 of the Access to Information Act, the Canada Border Services Agency refused to act on the request for material made by the applicant, Régis Beniey, pursuant to Rule 317 of the Federal Courts Rules. An associate judge of the Federal Court confirmed that the Agency’s objection was well founded, as did Régimbald J. on appeal, who was of the opinion that Tabib A.J. had correctly applied the principles of law and made the appropriate findings of fact.

The Federal Court of Appeal granted the motion to dismiss the appeal of the respondent, the Minister of Public Safety and Emergency Preparedness, and, in doing so, upheld Régimbald J.’s decision to deny the request for material. The Court of Appeal found that it was clear that the appeal had no reasonable chance of success and was bound to fail because Rule 317 does not apply to an application filed pursuant to s. 41.

Lower Court Rulings