Case information
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30417
Attorney General of Canada v. H.J. Heinz Company of Canada Ltd.
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-05-15 | Appeal closed | |
| 2006-04-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-04-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-04-21 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe, The appeal from the judgment of the Federal Court of Appeal, Number A-161-03, dated April 30, 2004, heard on November 7, 2005 is dismissed with costs, McLachlin C.J. and Bastarache and LeBel JJ. dissenting. Dismissed, with costs |
|
| 2005-11-14 | Transcript received, (72 pages) | |
| 2005-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2005-11-07 | Supplemental document, Condensed book submitted in Court (13 copies) | Information Commissioner of Canada |
| 2005-11-07 | Respondent's condensed book, Submitted in Court (13 copies) | H.J. Heinz Company of Canada Ltd. |
| 2005-11-07 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2005-11-07 | Acknowledgement and consent for video taping of proceedings, From all the parties | |
| 2005-11-07 |
Hearing of the appeal, 2005-11-07, CJ Ba Bi LeB De F Abe Judgment reserved |
|
| 2005-11-02 | Correspondence received from, Daniel Brunet dated Nov. 2/05 with new page 2 of his factum (sent to the Court Nov. 3/05) | Information Commissioner of Canada |
| 2005-10-28 | Correspondence received from, Daniel Brunet dated October 28, 2005. Re: Missing pages (sent to the judges Oct. 28/05) | Information Commissioner of Canada |
| 2005-10-26 | Notice of appearance, Daniel Brunet and Raynold Langlois will be present at the hearing. | Information Commissioner of Canada |
| 2005-10-26 | Notice of appearance, Nicholas McHaffie and Craig Collins-Williams will be present at the hearing. | H.J. Heinz Company of Canada Ltd. |
| 2005-10-25 | Notice of appearance, Christopher Rupar will appear at the hearing. | Attorney General of Canada |
| 2005-09-07 | Order on motion to strike out, (BY LEBEL J.) | |
| 2005-09-07 |
Decision on motion to strike out, LeB, UPON APPLICATION by the respondent, H.J. Heinz Company of Canada Ltd., for an order: 1) striking paragraphs 7(a), 8 to 18, 50 to 57 and 84 to 86 of the factum of the intervener, the Information Commissioner of Canada; 2) requiring the intervener, Information Commissioner of Canada, to file an amended factum reflecting the striking of such paragraphs; (3) prohibiting the intervener, Information Commissioner of Canada, from presenting argument on the new issues raised in these paragraphs of his factum; and, (4) awarding costs on a solicitor-client basis. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted in part with costs to respondent, H.J. Heinz Company of Canada Ltd., on a party and party basis. Paragraphs 7a), 8 to 18 and 84 to 86 shall be struck out as the points raised do not appear to be at issue between the parties to the appeal. Paragraphs 50 to 57 shall remain part of the intervener's factum as they are closely related to the core issues of the appeal. The intervener shall serve and file an amended factum, in accordance with the terms of this order on or before September 23, 2005. Allowed in part, with costs |
|
| 2005-09-06 | Submission of motion to strike out, LeB | |
| 2005-08-30 | Response to motion to strike out, (Letter Form), from Christopher Rupar dated Aug. 30/05, Completed on: 2005-08-30 | Attorney General of Canada |
| 2005-08-22 | Correspondence received from, Jan Brongers dated Aug. 18/05 re: Mr. Rupar will provide a response to the motion to strike upon his return on Aug. 29/05 | Attorney General of Canada |
| 2005-08-19 | Correspondence received from, Nicholas McHaffie dated Aug. 19/05 in response to A.G. Canada's letter of Aug. 18/05 | H.J. Heinz Company of Canada Ltd. |
| 2005-08-19 | Correspondence received from, Daniel Brunet dated Aug. 18/05 in response to Mr. Brongers' letter dated Aug 18/05 | Information Commissioner of Canada |
| 2005-08-19 | Response to motion to strike out, (bookform), Completed on: 2005-08-19 | Information Commissioner of Canada |
| 2005-08-16 | Correspondence received from, N. McHaffie re: amended motion filed including sworn affidavit and service | H.J. Heinz Company of Canada Ltd. |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-11 |
Appeal hearing scheduled, 2005-11-07, Previously Nov. 15/05 Judgment reserved |
|
| 2005-08-09 | Motion to strike out, certain paragraphs of the Intervener's factum (book form) (affidavit not signed - amended motion rec'd Aug. 16/05 with service), Completed on: 2005-08-16 | H.J. Heinz Company of Canada Ltd. |
| 2005-07-29 | Supplemental document, (Public Version of Volume II of Appellant's Confidential Record.) See order dated June 23/05. | Attorney General of Canada |
| 2005-07-13 |
Order by, LeB, FURTHER TO THE ORDER of LeBel J. dated May 17, 2005, granting leave to intervene to the Information Commissioner of Canada; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2005-07-12 | Book of authorities, Completed on: 2005-07-12 | Information Commissioner of Canada |
| 2005-07-12 | Intervener's factum, (AMENDED FACTUM filed and served Sept. 23/05 with amended CD), Completed on: 2005-07-12 | Information Commissioner of Canada |
| 2005-06-28 | Correspondence received from, (by fax) D. Brunet dated June 28/05; re: para. 5 of Fish, J.'s order dated June 23/05 | Information Commissioner of Canada |
| 2005-06-23 | Order on miscellaneous motion, (BY FISH J.) | |
| 2005-06-23 |
Decision on miscellaneous motion, F, UPON APPLICATION by counsel on behalf of the appellant for an Order varying the confidentiality order of the Federal Court dated December 7, 2000; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1) The motion to vary the confidentiality order of the Federal Court dated December 7, 2000, is granted. 2) The hearing of the appeal in this Court shall be in public unless otherwise ordered by this Court. 3) The confidential appellant's record, Volume II, filed with this Court shall be reviewed by the appellant and the respondent to determine what, if any, information may now be placed on the public record. 4) If some confidential information may now be placed in the public record, the respondent shall file a public version of the confidential record, Volume II, by July 29, 2005. 5) The confidential documents shall be filed in sealed envelopes and will only be made available to counsel for the appellant, counsel for the respondent, their respective Ottawa agents, members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order. Granted |
|
| 2005-06-23 | Submission of miscellaneous motion, F | |
| 2005-06-23 | Reply to miscellaneous motion, Completed on: 2005-06-23 | Attorney General of Canada |
| 2005-06-23 | Reply to miscellaneous motion, Completed on: 2005-06-23 | H.J. Heinz Company of Canada Ltd. |
| 2005-06-22 | Response to miscellaneous motion, (bookform), Completed on: 2005-06-22 | Information Commissioner of Canada |
| 2005-06-20 |
Order by, F, AND UPON REQUEST by counsel on behalf of the intervener, Information Commissioner of Canada for directions; IT IS ORDERED THAT: 1) The intervener, Information Commissioner of Canada, is permitted to file a response to the appellant's motion for an order varying the confidentiality Order of the Federal Court, Trial Division, dated December 7, 2000. 2) The intervener shall serve and file its response to the motion within 24 hours of this Order. 3) The appellant and the respondent may serve and file a reply to the intervener's response within 24 hours of being served with such a response. Granted |
|
| 2005-06-08 | Correspondence received from, Daniel Brunet dated June 8/05 in response to Mr. McHaffie's letter of June 7/05 | Information Commissioner of Canada |
| 2005-06-07 | Correspondence received from, Nicholas McHaffie dated June 7/05 in response to Mr. Brunet's letter of June 1/05 | H.J. Heinz Company of Canada Ltd. |
| 2005-06-07 | Response to miscellaneous motion, (Letter Form), from Nicholas McHaffie dated June 7/05, Completed on: 2005-06-07 | H.J. Heinz Company of Canada Ltd. |
| 2005-06-02 | Respondent's book of authorities, Completed on: 2005-06-02 | H.J. Heinz Company of Canada Ltd. |
| 2005-06-02 | Respondent's factum, CD rec'd Sept. 8/05, Completed on: 2005-06-02 | H.J. Heinz Company of Canada Ltd. |
| 2005-06-02 | Correspondence received from, Christopher Rupar dated June 2/05 in response to Mr. Brunet's letter of June 1/05 | Attorney General of Canada |
| 2005-06-02 | Correspondence received from, Daniel Brunet dated June 1/05 re: entitled to file a response to the motion? | Information Commissioner of Canada |
| 2005-06-02 | Appeal perfected for hearing | |
| 2005-05-26 | Notice of miscellaneous motion, to amend the confidentiality order of the Federal Court (bookform), Completed on: 2005-05-26 | Attorney General of Canada |
| 2005-05-17 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2005-05-17 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the Information Commissioner of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2005-05-17 | Submission of motion for leave to intervene, LeB | |
| 2005-05-12 | Response to the motion for leave to intervene, (bookform), Completed on: 2005-05-12 | H.J. Heinz Company of Canada Ltd. |
| 2005-05-12 | Response to the motion for leave to intervene, (bookform), Completed on: 2005-05-12 | Attorney General of Canada |
| 2005-05-02 | Correspondence received from, Mr. Daniel Brunet dated May 2/05 re: confidential material | Information Commissioner of Canada |
| 2005-05-02 | Motion for leave to intervene, (bookform), Completed on: 2005-05-02 | Information Commissioner of Canada |
| 2005-04-07 | Appellant's book of authorities, Completed on: 2005-04-07 | Attorney General of Canada |
| 2005-04-07 | Appellant's record, 24 copies of vol. 1 and 12 copies of vol. 2 (vol. 2 marked "confidential" - motion requested) (Public Version of Volume II of Appellant's Confidential Record filed July 29/05), Incomplete | Attorney General of Canada |
| 2005-04-07 | Appellant's factum, CD rec'd Sept. 8, 2005, Completed on: 2005-04-07 | Attorney General of Canada |
| 2005-01-31 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-01-14 | Notice of appeal, Completed on: 2005-01-14 | Attorney General of Canada |
| 2004-12-17 | Judgment on leave sent to the parties | |
| 2004-12-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-161-03, dated April 30, 2004, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2004-11-15 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-09-21 | Order on motion to add or substitute parties, (BY BASTARACHE J.) | |
| 2004-09-21 |
Decision on motion to add or substitute parties, Ba, UPON APPLICATION by the Information Commissioner of Canada for an order 1) extending the time to serve and file an application for leave to appeal to August 30, 2004; 2) adding the Information Commissioner of Canada as co-applicant; 3) amending the style of cause; and 4) dispensing with service by the Information Commissioner of Canada of his application for leave to appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1) The motion is dismissed with costs to H.J. Heinz Company of Canada Ltd. 2) The Information Commissioner of Canada may seek leave to intervene, in the usual manner, if the Court grants the application for leave to appeal. Dismissed, with costs |
|
| 2004-09-20 | Submission of motion to add or substitute parties, Ba | |
| 2004-09-16 | Reply to motion to add or substitute parties, (joint with reply to extension of time), Completed on: 2004-09-16 | Information Commissioner of Canada |
| 2004-09-16 | Reply to motion to extend time, (joint with reply to motion to add party), Completed on: 2004-09-16 | Information Commissioner of Canada |
| 2004-09-09 | Response to motion to extend time, (joint with response to motion to add parties), Completed on: 2004-09-09 | H.J. Heinz Company of Canada Ltd. |
| 2004-09-09 | Response to motion to add or substitute parties, (joint with response to extension of time), Completed on: 2004-09-09 | H.J. Heinz Company of Canada Ltd. |
| 2004-09-09 | Response to motion to add or substitute parties, (joint with response to extension of time)(bookform), Completed on: 2004-09-09 | Attorney General of Canada |
| 2004-09-09 | Response to motion to extend time, (joint with response to motion to add paties)(bookform), Completed on: 2004-09-09 | Attorney General of Canada |
| 2004-09-07 | Applicant's reply to respondent's argument, Completed on: 2004-09-07 | Attorney General of Canada |
| 2004-08-30 | Motion to extend time, (joint with motion to add or substitute parties as co-applicant)(bookform), Completed on: 2004-08-30 | Information Commissioner of Canada |
| 2004-08-30 | Motion to add or substitute parties, as Co-Applicant (joint with a motion to extend time) (bookform), Completed on: 2004-08-30 | Information Commissioner of Canada |
| 2004-08-27 | Respondent's response on the application for leave to appeal, Completed on: 2004-08-27 | H.J. Heinz Company of Canada Ltd. |
| 2004-08-20 | Correspondence received, D. Brunet informing that Commissioner will file a motion requesting that he be added as a party. | |
| 2004-08-10 | Correspondence received from, Crhistopher Rupar | Attorney General of Canada |
| 2004-08-09 | Correspondence received, from D. Brunet of the Office of the Information Commissioner of Canada re: FCA Order grating permission to respond to Leave Application (by fax). Will respond. | |
| 2004-07-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-07-08 | Correspondence received from, from Christopher Rupar informing that confidential material is in the confidential portion of the application record. | Attorney General of Canada |
| 2004-07-05 | Correspondence received, from D. Brunet of the Office of the Information Commissioner of Canada re: FCA Order grating permission to respond to Leave Application (by fax). Commissioner's office was served with leave application on July 5th. | |
| 2004-06-29 | Application for leave to appeal, Completed on: 2004-06-29 | Attorney General of Canada |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| H.J. Heinz Company of Canada Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Information Commissioner of Canada | Intervener | Active |
Counsel
Party: Attorney General of Canada
Counsel
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: H.J. Heinz Company of Canada Ltd.
Counsel
Nicholas Peter McHaffie
Lynn Larson
Craig Collins-Williams
Lynn Larson
Craig Collins-Williams
Stikeman, Elliott
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Information Commissioner of Canada
Counsel
Daniel Brunet
Perla Bejjani
Raynold Langlois, Q.C.
Chantal Chatelain
Perla Bejjani
Raynold Langlois, Q.C.
Chantal Chatelain
Information Commissioner of Canada
Place de Ville - Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario
K1A 1H3
Telephone: (613) 943-2411
FAX: (613) 947-5252
Place de Ville - Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario
K1A 1H3
Telephone: (613) 943-2411
FAX: (613) 947-5252
Summary
Keywords
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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 June, 2000, the Canadian Food Inspection Agency (“CFIA”) received a request for disclosure of certain records pertaining to the Respondent, H.J. Heinz Company of Canada Ltd. CFIA contacted the Respondent, pursuant to s. 27 of the Access to Information Act, R.S.C. 1985, c. A-1. Pursuant to s. 28 of the Act, the Respondent submitted representations as to why the records at issue should not be disclosed. However, CFIA concluded that the records ought to be disclosed and, it informed the Respondent of its intention to disclose the records.
The Respondent commenced judicial review proceedings pursuant to s. 44 of the Access to Information Act. The applications judge concluded that certain records or parts thereof, which fell within the ambit of s. 20(1) should be severed. However, the applications judge also concluded that the Respondent, a third party, could invoke the exemption set out at s. 19 of the Act and therefore the Respondent could seek to prevent disclosure of records containing personal information. Accordingly, the applications judge ordered the severance of certain passages contained in the records which fell within s. 19 of the Act. The Appellant appealed the decision to the Federal Court of Appeal, but the appeal was dismissed.
Lower court rulings
February 27, 2003
Federal Court of Canada, Trial Division
T-1470-00
Federal Court of Canada, Trial Division
T-1470-00
Respondent's application for judicial review of notice of decision to disclose a record made under s. 44 of the Access to Information Act allowed
April 30, 2004
Federal Court of Appeal
A-161-03
Federal Court of Appeal
A-161-03
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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Date modified: 2025-05-13