Pilotes du Saint-Laurent Central Inc. v. Laurentian Pilotage Authority
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Pilotes du Saint-Laurent Central Inc. v. Laurentian Pilotage Authority Court (s) Database Federal Court Decisions Date 2003-12-18 Neutral citation 2003 FC 1499 File numbers T-1048-03 Decision Content 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. "Richard…
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Pilotes du Saint-Laurent Central Inc. v. Laurentian Pilotage Authority Court (s) Database Federal Court Decisions Date 2003-12-18 Neutral citation 2003 FC 1499 File numbers T-1048-03 Decision Content 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. "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
Source: decisions.fct-cf.gc.ca