PRACTICE |
Discovery |
Production of Documents |
Bradley-Sharpe v. Canada (Human Rights Commission)
T-806-01
2001 FCT 1130, Blais J.
18/10/01
14 pp.
Motion for production of information contained within CHRC files in order for applicant to prepare affidavit, cross-examination--Whether material requested by applicant met test of relevancy in order for motion to be granted--Is material requested by applicant relevant to judicial review application?--In order for r. 317 to apply, material requested by applicant must be relevant to judicial review application, must not be in possession of applicant--Material requested by applicant not in her possession--Purpose of judicial review application to review decision of October 30, 2000 dismissing applicant's complaint because, on evidence, allegation of discrimination unfounded under Canadian Human Rights Act, s. 44(3)(b)(i)--Commission relied on investigator's report as only document to form basis of Commission's decision--Requested material relevant to judicial review application as no other means for applicant to prove grounds for judicial review--Required to fully argue merits of case, to prepare detailed affidavit, cross-examination--Applicant's request for material far too broad in scope for r. 317 to be applicable--Judicial review application not forum to revisit evidence other than what was specifically before Commission when decision made--Applicant requesting abundance of material too vague, ambiguous in scope, purpose, amounting to "fishing expedition" into Commission's files--Purpose of request for discovery, "fishing expedition" not permissible on judicial review application--Subsequent motion by applicant with more specific, more focussed list of requested materials may be looked upon more favourably by Court--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 317--Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 44 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 64; S.C. 1998, c. 9, s. 24).