PRACTICE |
Discovery |
Production of Documents |
Ominayak v. Venne
A-120-00
Rothstein J.A.
13/12/00
5 pp.
Appeal from Motions Judge's decision ordering appellant produce Lubicon Lake Indian Nation (LLIN) membership list and ordering costs payable on solicitor-and-client basis--Respondents seeking judicial review of decision by appellant, returning officer in April 1999 election of LLIN, to exclude certain persons from voting and to permit others to vote--Appeal allowed--Motions Judge erred in ordering appellant to obtain and deliver membership list to respondents--Appellant herein tribunal whose decision to be judicially reviewed--Under Federal Court Rules, 1998, r. 317, party may request material relevant to judicial review in possession of tribunal--However, membership list was not in possession of appellant--In absence of other evidence submitted by parties in appropriate circumstances, judicial review proceeds on basis of record before tribunal whose decision under review--Generally not appropriate to order tribunal to produce information beyond that before it when made its decision--Whether appropriate for election to be conducted without returning officer being in possession of and using membership or voters' list matter for consideration by judge conducting judicial review--As for costs on solicitor-and-client basis, given that counsel had not addressed issue before Motions Judge, that Motions Judge did not delineate specific reasons for so ordering, that Motions Judge erred in ordering appellant to produce membership list, order for costs on solicitor-and-client basis set aside--Federal Court Rules, 1998, SOR/98-106, r. 317.