Rule 317 was limited mechanism for obtaining “material” relevant to application for judicial review

Administrative Law - Practice and Procedure - Judicial Review

Applicant applied for judicial review of decision of Canada Industrial Relations Board. In support of that application, applicant filed two affidavits. Respondent brought motion for order striking out certain portions of one of affidavits filed by applicant. Motion adjourned. Respondent took position that factual information in impugned portions of affidavit was not before board when it made its decision. Respondent took position that it was clear what board did and did not have before it because board produced all relevant material in response to request under R. 317 of Federal Courts Rules. Applicant took position that factual information in impugned portions of affidavit was before board. Rule 317 was limited mechanism for obtaining “material” relevant to application for judicial review. “Material” would contain factual information, but not all factual information that board considered was necessarily contained in “material”. Some factual information could have been known to board as result of previous or related proceedings. Motion was not clear-cut and was not one that single judge should decide. Motion was adjourned for consideration and determination by hearing panel in application for judicial review.

Office and Professional Employees International Union v. Cougar Helicopters Inc. (2019), 2019 CarswellNat 4837, 2019 FCA 231, David Stratas J.A. (F.C.A.).

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