Swagger Construction Ltd. v. Canada ( Minister of Public of Works and Government Services )
T-1273-94
Pinard J.
3/5/96
6 pp.
Construction contract-Request to Public Works to release records pertaining to contract-Applicant opposed release pursuant to Act, s. 20(1)(c),(d) on ground would result in loss, prejudice or interference-In affidavit, intervenor, party requesting information, stating interested in information about non-union construction companies involved in public works and government construction companies involved in public works and government construction in order to lobby various levels of government to change tendering policy and for process requiring pre-qualification of bidders-Application dismissed-On evidence, information cannot give rise to reasonable probability of material financial loss to applicant, or of prejudice to its competitive position or of interference with its contractual or other negotiations-Alleged misrepresentation and use of any of information to detriment of applicant not constituting more than mere possibility or speculation, not meeting test established by FCA in Canada Packers Inc. v. Canada (Minister of Agriculture), [1989] 1 F.C. 47 and Saint John Shipbuilding Ltd. v. Canada (Minister of Supply and Services) (1990), 67 D.L.R. (4th) 315 (F.C.A.)-Access to Information Act, R.S.C., 1985, c. A-1, s. 20(1).