Motion for document production granted; materials underlying railway rest rules arguably relevant to exemption denial.
The applicant brought a motion under Rule 318 of the Federal Courts Rules to compel the production of documents relating to the making of the Duty and Rest Period Rules of Railway Operating Employees.
The applicant sought these documents after the Director General denied its request for an exemption from certain requirements under those rules.
The respondents objected on the basis of relevance.
The Federal Court ordered the production of the documents, finding there was an arguable case that they might be relevant to the grounds of review, given the Director General's reliance on non-specific factors and the rules' purpose.