Rule 317 production extends to documents underlying a recommendation subsumed in a final decision.
The applicants moved for production of documents pursuant to Rule 317 in an application for judicial review challenging a decision by the Vancouver Fraser Port Authority (VFPA) regarding infrastructure fees.
The decision was made by the VFPA's Board based on a recommendation from an internal team.
The VFPA filed a certified tribunal record containing documents beyond what was considered by the Board, but refused to produce certain other background documents, claiming they were not before the decision-maker or were confidential.
The Court held that the Board was the administrative decision-maker, but because the team's recommendation was subsumed in the final decision, and because the VFPA had already included background documents in its record, production was not limited solely to what the Board reviewed.
The Court also rejected the VFPA's confidentiality and privilege arguments, noting that a formal confidentiality order was required but not properly sought.
The Court ordered the production of several relevant documents, including complete and unredacted reports and certain submissions, while denying the request for documents deemed irrelevant.
