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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.
