Marsha Gay

Following the dismissal of a motion seeking disclosure of a deceased individual's federal employment and personnel records, the respondent sought costs on a partial indemnity basis.

The applicants conceded entitlement to costs but disputed the quantum, arguing that the hourly rate and preparation time claimed were excessive.

The court held that the jurisdictional issues raised in the motion were complex and justified substantial preparation time, though the hours claimed were reduced.

The court fixed costs at a reduced amount and ordered payment within 30 days pursuant to Rule 37.03(1) of the Rules of Civil Procedure.

Estate trustees sought an order compelling the Department of National Defence to produce the deceased’s complete employment and benefits personnel file to investigate the deceased’s capacity to designate a pension death benefit beneficiary.

The court held that the motion was solely for disclosure of personal information held by a federal department and was not brought in the context of an existing action or statutory cause of action.

The Rules of Civil Procedure, the Trustee Act, and the Estates Act did not confer jurisdiction to order such disclosure in these circumstances.

The proper mechanism for obtaining the requested information was through the statutory process under the federal Privacy Act, including a complaint to the Privacy Commissioner and potential review in Federal Court.

The motion was therefore dismissed for lack of jurisdiction.