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Motion for supplementary disclosure under section 317 dismissed as disclosure is limited to materials before the decision-maker.
In a statutory appeal under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act against administrative monetary penalties imposed by FINTRAC, the appellant moved to compel supplementary disclosure under section 317 of the Federal Courts Rules.
The appellant argued that the Director delegated her decision-making authority to staff, meaning the material before the staff should also be disclosed.
The Court dismissed the motion, finding no evidence of improper delegation and ruling that disclosure under section 317 is limited to the relevant material that was before the actual decision-maker.
Motion for confidentiality and publication ban of tax and financial information partially granted.
The applicant sought an order of confidentiality and a permanent publication ban on certain financial and third-party information contained in the common evidentiary record for a judicial review application regarding Canada Revenue Agency requests for administrative assistance from foreign authorities.
The Federal Court partially granted the motion, ordering the redaction of personal identifiers such as social insurance numbers, medical information, and names of minor children.
However, the Court refused to order the confidentiality of the applicant's financial information and third-party information, finding that the open court principle outweighed the privacy interests in this case and that the information was necessary for the underlying proceeding.
