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Scope of production—Appeal from Prothonotary’s order denying applicant’s request for materials made under Federal Courts Rules, SOR/98-106, r. 317 in context of judicial review of Canadian Border Services Agency’s refusal to designate applicant as Airport of Entry—R. 317 establishing only documents before decision maker subject to production—Case law recognizing specific exceptions to general rule reviewed—Such exceptions including documents inaccurately summarized in any report; documents not relied upon but considered relevant where Minister having supervisory role with no distinction between investigation, decision-making stages; attachments to document before decision maker—Because Prothonotary’s order under r. 317 not vital to final issue, order assessed on basis of whether clearly wrong—Prothonotary correctly deciding applicant’s request for documents exceeded permissible bounds of r. 317—Applicant seeking materials at best surrounding, but not leading to decision—Appeal dismissed.
Deer Lake Regional Airport Authority Inc. v. Canada (Attorney General) (T-2032-07, 2008 FC 1281, Mandamin J., judgment dated November 17, 2008, 16 pp.)