Motions to strike judicial review application and for production of Cabinet documents dismissed.
The Applicants applied for judicial review of a Governor in Council decision refusing to set aside a CRTC decision granting a broadcasting licence to Rogers Media Inc. The Attorney General of Canada moved to strike the application.
The Applicants moved under Rules 317 and 318 of the Federal Courts Rules for the production of records and written reasons.
The Federal Court dismissed the Attorney General's motion to strike, finding the application was not bereft of any possibility of success.
The Court also dismissed the Applicants' motion for production, as the requested information fell under Cabinet confidence pursuant to section 39 of the Canada Evidence Act.