The applicant brought a motion for the production of notes made by an adjudicator who resigned from the discipline committee panel before a decision was rendered.
The applicant sought the notes to support a motion to set aside the underlying decision based on fresh evidence, alleging bias and a breach of natural justice.
The Divisional Court dismissed the motion, finding no procedural basis to order production under Rule 30.06 in a statutory appeal.
Furthermore, the court held that the notes were protected by deliberative secrecy, and the applicant's speculative allegations did not meet the threshold to lift the privilege.
