Unger v. Telus Enterprise Solutions Inc.

Unger v. Telus Enterprise Solutions Inc.

The motion is dismissed because Rule 317 governs production from the tribunal's record only and does not authorize production from the respondent; the applicant failed to present evidentiary proof that the respondent withheld documents from the tribunal and therefore has not met the threshold for compelled production.

Citation
2001 FCT 803
Parties
Applicant: Victor Unger; Respondent: Telus Enterprise Solutions Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 July 2001
Procedural Posture
Application for Judicial Review / Motion for Production of Documents Under Rule 317
Outcome
Motion dismissed; costs in the cause.
Legal Topics
Production of Documents, Judicial Review, Tribunal Record, Third Party Disclosure, Adverse Inference From Incomplete Record
Source Language
English
Administrative Law Procedural Law Human Rights Law Production of Documents Judicial Review Tribunal Record Third Party Disclosure Adverse Inference From Incomplete Record

Case Brief

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Parties

Victor Unger

Applicant

Telus Enterprise Solutions Inc.

Respondent

Procedural Posture

Application for Judicial Review / Motion for Production of Documents Under Rule 317

Legal Issues

  1. 1 Whether Rule 317 permits production of documents from a respondent rather than the tribunal
  2. 2 Whether Rule 233 applies to applications for judicial review
  3. 3 Whether the applicant has proven non-disclosure by the respondent to the tribunal

Ratio Decidendi

The motion is dismissed because Rule 317 governs production from the tribunal's record only and does not authorize production from the respondent; the applicant failed to present evidentiary proof that the respondent withheld documents from the tribunal and therefore has not met the threshold for compelled production.

Court Disposition

Motion dismissed; costs in the cause.

Orders

  • Motion dismissed.
  • Costs in the cause.