Peet v. Canada ( Minister of Natural Resources )
T-827-99
Reed J.
4/6/99
5 pp.
In parallel to application to review of respondent's refusal to provide certain documents in response to request made under Privacy Act, applicant filed present motion for further information concerning those documents-Respondent refused on ground subject to solicitor-client privilege-Applicant seeking information about documents similar to what must be provided when privilege asserted by party, as part of document disclosure required for purpose of action-Motion dismissed-Although information of type likely to be publicly disclosed on hearing of application on merits, motion cannot succeed-Herein, privileged nature of documents already challenged by filing of application for judicial review-Documents will be placed before Court and determination of validity of claim will be made-No need in that context for respondent to demonstrate prima facie claim for privilege exists-Privilege has been asserted and assertion challenged-In addition, preliminary motions, in general, discouraged in judicial review applications because of summary nature of proceedings: David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (C.A.)-In summary, incorporating rules applying to claims for solicitor-client privilege in affidavits of documents filed in actions into present proceedings will unnecessarily complicate and lengthen proceeding-Also, on basis of record, additional information sought not necessary to enable applicant to properly pursue his application.