Martin Mason

The appellant challenged a trial judgment awarding damages for breach of contract arising from a commercial distribution relationship involving photographic products and an export price policy aimed at curtailing transhipping.

On appeal, the appellant restricted its arguments to restraint of trade, penalty, and damages, while the respondent advanced a cross-appeal on damages scope.

The court held that even assuming the policy was a restraint of trade, it was reasonable as between the parties and not contrary to the public interest, including the Competition Act.

The court further held the policy was not a penalty clause because it applied absent any breach, and found no error in the trial judge's assessment of notice and damages.

Both the appeal and cross-appeal were dismissed with costs.

The Auditor General of Canada sought access to Cabinet documents and Crown corporation records relating to Petro-Canada's acquisition of Petrofina, relying on section 13(1) of the Auditor General Act.

The government denied access, citing Cabinet confidentiality and the limits of the Auditor General's mandate.

The Auditor General applied to the courts for a declaration of his right to access the information.

The Supreme Court of Canada held that the dispute was not justiciable.

The Court found that the Auditor General's exclusive remedy for a denial of access to information is the political remedy provided in section 7(1)(b) of the Act, which requires him to report the denial to the House of Commons.