Date: 20031218
Docket: T-1048-03
Citation: 2003 FC 1499
Montréal, Quebec, the 18th day of December 2003
Present: RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
PILOTES DU SAINT-LAURENT CENTRAL INC.
Applicant
and
LAURENTIAN PILOTAGE AUTHORITY
and
THE ATTORNEY GENERAL OF CANADA
Respondents
Motion by Attorney General of Canada to allow certain objections to the filing of documents by the representative of the Attorney General of Canada at his cross-examination on affidavit.
REASONS FOR ORDER AND ORDER
[1] This motion by the Attorney General of Canada must be dismissed, costs in the cause, since it appears to me that the documents sought by the applicant are relevant and do not enjoy a privilege of non-disclosure under the Rules of this Court (see by analogy Rules 94(1) and 242(1)(a)). The fact that the same documents might be protected under section 21 of the Access to Information Act, R.S.C. 1985, c. A-1, as amended, is irrelevant since this case does not involve determining disclosure of documents by an application for access pursuant to that Act. (See Cie de construction Gaston Picard Inc. v. Canada, [1991] F.C.J. No. 20, p. 3.)
[2] Consequently, the Attorney General of Canada will have to disclose the documents concerned in this order to the applicant within the next five days.
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"Richard Morneau"
Prothonotary |
Certified true translation
Suzanne M. Gauthier, C Tr, LLL
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1048-03
STYLE OF CAUSE: PILOTES DU SAINT-LAURENT CENTRAL INC.
Applicant
and
LAURENTIAN PILOTAGE AUTHORITY
and
THE ATTORNEY GENERAL OF CANADA
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 15, 2003
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: December 18, 2003
APPEARANCES:
François Giroux for the applicant
Chantal Sauriol for the respondent, the Attorney General of Canada
Mario Saint-Pierre for the respondent, Laurentian Pilotage Authority
SOLICITORS OF RECORD:
McCarthy, Tétrault for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent, the Attorney General of Canada
Deputy Attorney General of Canada
Dunton, Rainville for the respondent, Laurentian Pilotage Authority
Montréal, Quebec