Federal Appeal

Civil Procedure

Affidavit explained why documents were not relevant and provided full answer to claim

This was appeal of judge’s dismissal of appeal. Appellant sought judicial review of denial of request for access to information. She cross-examined representative of respondent on affidavit. Affiant failed to bring two documents and appellant moved to have her re-attend for further cross-examination. Prothonotary dismissed motion. Appellant’s appeal was dismissed. Judge found that order of prothonotary was not clearly wrong. Appeal dismissed. Affidavit explained why documents were not relevant, which provided full answer to appellant’s claim. Fact documents were reviewed did not establish relevance. Examination of affiant did not establish any basis for holding that relevant documents were being withheld. There was no basis for putting into question affiant’s assertion that all relevant documents had been produced. Appeal should have been dismissed without costs.

Stubicar v. Canada (Deputy Prime Minister) (Sep. 17, 2013, F.C.A., Marc Noël J.A., Mainville J.A., and Webb J.A., File No. A-538-12) Decision at 226 A.C.W.S. (3d) 348 was reversed in part.  232 A.C.W.S. (3d) 585.

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