The applicants appealed a prothonotary's order dismissing their motion for production of documents under Rule 317 of the Federal Courts Rules in the context of an application under section 44 of the Access to Information Act (ATIA).
The prothonotary had ruled that Rule 317 does not apply to de novo reviews under section 44.
The Federal Court allowed the appeal, concluding that a section 44 review is a judicial review of the institutional head's decision to disclose records, and therefore Rule 317 applies.
The Court referred the matter back to the prothonotary to determine outstanding issues of timeliness and overbreadth.
