Canada ( Attorney General ) v. Nike Canada Ltd.
A-583-96
Strayer J.A.
26/11/96
3 pp.
Director of Investigation and Research, Competition Act v. Canadian International Trade Tribunal et al. (1993), 164 N.R. 254 (F.C.A.) [Fibreglass Pipe Insulation case] followed-Canadian International Trade Tribunal Act, ss. 44 to 48 complete code concerning disclosure of confidential information in proceedings before Tribunal-S. 45(3) setting out only conditions under which information designated as confidential disclosed to another party-Confidential information disclosed to counsel only on conditions imposed by Tribunal which will prevent disclosure to any party, including client, or to any business competitor-Tribunal Rules requiring counsel for Attorney General, acting for Deputy Minister of National Revenue, to sign undertaking, which must comply with Tribunal's form of undertaking subject to modifications to which counsel for respondent prepared to consent-S. 45(1) not indicating general intention confidential information should be made available to public servants, including Department of Justice counsel, Department of National Revenue officials-Simply providing safeguard to preserve confidentiality where such information happening to come into their hands as staff of Tribunal-Tribunal's reasoning in Fibreglass Pipe Insulation case adopted-Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47, s. 45.