1185740 Ontario Ltd. v. M.N.R.
T-384-98
Nadon J.
11/5/98
10 pp.
Applicant holder of licence to operate duty-free shop at Ambassador Bridge, Windsor, Ontario-On February 5, 1998, Minister of National Revenue informing applicant of decision to amend licence by specifying restriction on sale of duty and tax-free fuel at all land border shops-Applicant seeking production of copies of all decisions, records of meetings, briefing notes, analysis, correspondence in connection with proposed sale of duty-free gas by duty-free shops, including all documents connected with representations made by University of Windsor, The Canadian Transit Company, The Frontier Association, 1185740 Ontario Ltd. and Johnstown Duty Free Shop Inc. and other Duty Free Shops, local governments, businesses and politicians and their advocates and counsel from November 1, 1995 to February 24, 1998 and complete record of Minister's past practices in issuing wholesalers/jobbers licences under Excise Tax Act-Demand for documents based on former R. 1612 (now R. 317)-Respondent producing Deputy Minister's memoranda before Minister when made decision, and study referred to therein not already before Court-Properly objecting to production of complete record of Minister's past practices in issuing wholesalers/jobbers licences under Excise Tax Act on ground not properly subject of judicial review since relates to future decision by Minister, and no evidence suggesting Minister would not properly apply law-With respect to remaining documents, respondent objecting on grounds not before Minister when made decision, and irrelevant-R. 317 requiring requested material be relevant to application and in possession of tribunal whose order subject of application-Test for determining whether party could be forced to produce documents under R. 1612 whether documents "used" by tribunal in its hearing, deliberations or decision: Quebec Ports Terminals Inc. v. Canada (Labour Relations Board) (1993), 17 Admin. L.R. (2d) 16 (F.C.A.)-Applicant entitled only to those documents before Minister when made decision-Such documents including Deputy Minister's memoranda, documents referred to therein-All such documents provided to applicant-Examination of portions excerpted from memoranda disclosing truly legal advice given to Department protected by solicitor-client privilege-Federal Court Rules, C.R.C., c. 663, R. 1612 (as am. by SOR/92-43, s. 19)-Federal Court Rules, 1998, SOR/98-106, RR. 317, 318.