2 total
Respondent's motion to strike improperly authenticated exhibits and out-of-scope cross-examination questions granted.
In an application under PIPEDA, Facebook moved to strike portions of the Privacy Commissioner's application record, including cross-examination transcripts and exhibits, on grounds of hearsay, lack of authentication, and exceeding the scope of a re-attendance order.
The Commissioner moved to file an oversized memorandum of fact and law.
The Federal Court granted Facebook's motion, striking the impugned questions, answers, and documents, finding the Commissioner abused the re-attendance order and failed to properly authenticate documents.
The Commissioner's motion for an extended memorandum was dismissed.
Facebook's affidavit strike motion partially granted; Commissioner's motion to strike judicial review application dismissed.
These two jointly case-managed proceedings relate to the Privacy Commissioner's investigation into Facebook's involvement in the Cambridge Analytica data misuse scandal.
In the Commissioner's PIPEDA Application, Facebook brought a motion to strike large portions of the principal affidavit filed by the Commissioner.
In the parallel judicial review application brought by Facebook, the Commissioner brought a motion to strike the application in its entirety, alleging it was out of time and that PIPEDA provided an adequate alternative remedy.
The Federal Court granted Facebook's motion in part, striking certain paragraphs that relied on academic and news articles for the truth of their contents, while permitting the bulk of the evidence as contextual background.
The Court dismissed the Commissioner's motion to strike the judicial review, holding that the jurisdictional and procedural fairness issues raised by Facebook were not clearly bereft of success and should be determined at the hearing on the merits.
