PRACTICE |
Pleadings |
Amendments |
Canada (Attorney General) v. Canada (Information Commissioner)
T-582-01
2002 FCT 127, McKeown J.
1/1/02
7 pp.
Motion for leave to file further amended objection pursuant to Federal Court Rules, 1998, r. 318--Applicants requested certified copy of transcript of proceedings before Information Commissioner's delegate on March 30, 2001-- On June 4, 2001 Information Commissioner authorized disclosure of portion of transcript necessary to carry out investigations; stating information relating to jurisdictional facts with respect to Information Commissioner's orders of confidentiality--In submissions on law applicants stating Access to Information Act, s. 63(1)(a) allowing Information Commissioner to disclose any information necessary to carry out investigation under Act; Information Commissioner relying upon this section in filing of jurisdictional facts; delegate must have concluded necessary in order to carry out investigations that confidentiality orders be made, and since confidentiality order applications seeking orders quashing those orders, must therefore have authority to release transcripts--Information Commissioner submitting made mistake in authorizing release of portion of disclosure--Motion dismissed--R. 75 permitting Court to allow amendment at any stage--Extent to which position of another party taken in its pleadings, arguments would be undermined or unalterable, considerations in assessing whether amendment to document should be granted-- Factors to consider in determining whether non-compensable prejudice would result including: stage proceedings at when amendment sought; extent to which amendment delays expeditious trial, extent to which position of other party, taken in its pleadings and arguments, would be undermined, unalterable: Yeager v. Canada (Correctional Service), [2000] F.C.J. No. 537 (F.C.T.D.)--Information Commissioner clearly stated on June 4 information necessary to carry out investigation-- Now changing his mind as result of applicants' submissions --No prejudice to Information Commissioner if further amendment not granted because still permitted to argue s. 63 not permitting him to release information not considering necessary to investigation--But changing mind on whether information necessary as result of submissions by opposing party non-compensable prejudice-- Information Commissioner directed to file portion of transcript on confidential basis with Court--Federal Court Rules, 1998, SOR/98-106, rr. 75, 318--Access to Information Act, R.S.C., 1985, c. A-1, s. 63(1)(a).