PRACTICE
Discovery
Production of Documents
Motion for order directing defendants to produce better affidavit of documents, provide information re: documents for which privilege claims asserted—Defendants’ affidavits describing process by which searching, reviewing documents for purposes of producing them, admissible—Federal Courts Rules, SOR/98-106, r. 82 prohibition against use of solicitor’s affidavit only applying when solicitor deposing to affidavit and presenting argument to Court based on that affidavit—Documents created after contract award announced relevant as falling within scope of judicial review aspect of proceedings—Canada v. Grenier, [2006] 2 F.C.R. 287 (C.A.), not applicable herein, not having effect of prohibiting action in damages from proceeding concurrently with judicial review—Documents originating from pre-qualification stage of procurement, database material generated through Proposal Evaluation Software also relevant, must be produced—Motion granted.
AgustaWestland International Ltd. v. Canada (Minister of Public Works and Government Services) (T‑1605‑04, 2006 FC 1371, Kelen J., order dated 10/11/06, 20 pp.)