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Rule 317 production request dismissed as unavailable in a PIPEDA s. 14 de novo hearing.
The applicant brought a Rule 51 motion to appeal a Prothonotary's order dismissing her request under Rule 317 for production of materials from the Office of the Privacy Commissioner of Canada.
The Federal Court upheld the Prothonotary's decision, finding that the underlying proceeding was a de novo hearing under s. 14 of PIPEDA rather than an application for judicial review, rendering Rule 317 inapplicable.
The motion was dismissed with costs awarded to the respondent.
