Barton v. Canada ( Attorney General )
T-2534-92
Rothstein J.
22/7/93
8 pp.
Application for judicial review of interlocutory ruling of Appeal Board denying representative of applicants disclosure of certain information relevant to proceedings conducted -- Whether denial of procedural fairness to applicants by reason of decision -- Applicants found to have failed ability assessments for position of Inquiries and Adjudication Unit Head for Revenue Canada at Halifax-Respondent, through Public Service Commission, objecting to disclosure of applicants' tests, answers and marking of tests-No dispute between counsel as to importance of maintaining confidentiality of information at issue -- Whether representative of applicants entitled to disclosure of information as well as registered psychologist authorized by Appeal Board's ruling-Denial of procedural fairness herein -- Parties entitled to be represented effectively in adversarial proceedings -- Without access to all relevant information, counsel or representative unable to persuade court or tribunal as to merits of client's case -- Appeal Board ignoring role of counsel or representative by limiting disclosure only to person able to give evidence before tribunal -- Error for Appeal Board to limit disclosure in such manner -- Unusual for counsel or representative to be denied disclosure of confidential information -- Application granted.