3 total
Motion to compel production of documents dismissed as claims of solicitor-client and litigation privilege were valid.
The plaintiff brought a motion to compel the Attorney General of Canada to produce remaining documents from Schedule B of its supplementary affidavit of documents, challenging the AG's claims of solicitor-client and litigation privilege.
The plaintiff also sought an order that the AG's representative reattend discovery at his own expense.
The court reviewed the descriptions of the documents, including those claimed as privileged due to 'family coding' (attachments to privileged documents), and inspected several documents directly.
The court found the claims of privilege were valid and dismissed the motion for production.
The court also declined to order the representative to pay for his reattendance, as there was no finding of misconduct.
Costs of $5,000 were awarded to the AG.
Costs awarded in a lump sum following a successful application for judicial review.
Following a successful judicial review application, the applicant sought costs of $21,760.65 based on Column V of Tariff B, arguing complexity and the respondent's conduct.
The respondent argued for Column III, suggesting $6,596.40.
Considering the factors under Rule 400(3) and guided by Column III, the Federal Court awarded costs to the applicant in the all-inclusive amount of $12,900.
Motion to quash summons granted; video evidence sought for judicial review deemed irrelevant to jurisdictional issues.
The applicants, who were parties to an inquest into the death of an inmate, sought judicial review of a Coroner's decision refusing to order the Correctional Service of Canada (CSC) to produce certain video recordings.
In preparation for the judicial review, the applicants served a summons on the Commissioner of the CSC, requiring him to bring the videos to an examination so they could be viewed by the Divisional Court.
The CSC brought a motion to quash the summons.
The court granted the motion and quashed the summons, finding that the videos were clearly irrelevant to the issues on judicial review, which were limited to whether the Coroner acted unfairly or exceeded her jurisdiction.
The court noted that the record already contained sufficient descriptions of the videos' contents for the purpose of the judicial review.