The appellant sued the Government of Ontario over a transaction involving a tourist lodge.
During discovery, the government claimed absolute Crown privilege against producing Cabinet documents based on their class.
The Supreme Court of Canada rejected the absolute protection of Cabinet documents, holding that the public interest in the proper administration of justice must be weighed against the public interest in government confidentiality.
The Court ordered the trial judge to inspect the documents to balance these competing interests, noting that the documents concerned a low-level policy matter from over a decade ago.
