Canada Case Law

Canada (Commissioner of Competition) v Rogers Communications Inc. - 2026 Comp Trib 16 - Order - CT-2024-012

Court

Competition Tribunal

The Tribunal concluded that the Confidentiality Order from the prior proceeding continues to apply to the TELUS records compelled under the Federal Court s.11 order and that the two specific documents subpoenaed from TELUS should be treated identically; accordingly the TELUS records listed in the joint exhaustive list and the two subpoenaed documents are designated Confidential - Level A and remain subject to the prior confidentiality protections.

Source excerpt

• Confidentiality
• Third‑party records
• Subpoena
• Conduct review (s.74.1)
• Production under s.11

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Google - Order amending Bifurcation and Scheduling Order

Court

Competition Tribunal

The Tribunal granted a limited amendment to the Bifurcation and Scheduling Order to allow the applicant to serve an amended motion record by Feb 27, 2026, to permit both parties to file responsive records by Mar 2, 2026, and to hear the motions to compel on Mar 10, 2026, because additional time is likely to narrow issues for determination and the minor alterations will not impact the remainder of the schedule.

Source excerpt

• Abuse of dominant position
• Discovery
• Confidentiality
• Case management
• Scheduling
• Section 79

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Canadian Pacific Railway Company v. Canada (Transportation Accident Investigation and Safety Board)

Court

Federal Court

The Federal Court held that most locomotive event recorder data was not exempt under s 20(1)(b) ATIA, but CP’s inserted Comments were confidential and withheld.

• Third-party information exemption s 20(1)(b) atia
• Locomotive event recorder (ler) data
• Confidentiality and expectation of confidence
• Statutory privilege under ctaisb act s 30
• Severance of records s 25 atia
• Costs award

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Association des pêcheurs propriétaires des Îles-de-la-Madelaine c. Canada (Pêche et Océans)

Court

Federal Court

La Cour fédérale rejette la demande de contrôle judiciaire de l’APPIM et ordonne la divulgation des passages caviardés, faute de preuve précise sur l’application de l’article 20 de la Loi.

• Third party information
• Section 20(1)(b)
• Section 20(1)(c)
• Burden of proof
• De novo review
• Confidentiality clauses

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Kirby v. Woods

Court

Court of Appeal for Ontario

Costs decision in a family appeal: the Court of Appeal held the successful mother was entitled to costs, and fixed them at $80,000 in total.

• Child return
• Refugee status
• Hague convention
• Costs on appeal
• Pro bono representation and costs
• Admissibility of fresh evidence

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Technology Venture Corporation v. The King

Court

Tax Court of Canada

The Tax Court of Canada denied substantial indemnity costs after a settlement offer was improperly copied to the Court, but awarded enhanced costs and reduced disbursements.

• Substantial indemnity costs
• Settlement offers
• Confidentiality of settlement communications
• Rule 147(3.8)
• Enhanced costs
• Disbursements

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Triple Z Property Holdings Ltd. v. Ercon Holdings Ltd.

Court

Supreme Court of British Columbia

Application to compel discovery answers granted. The Court held questions about later property purchases by related entities were relevant to specific performance and mitigation.

• Examination for discovery
• Specific performance
• Mitigation of damages
• Relevance
• Confidentiality of business information
• Related parties

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Watson v. Nova Scotia Barristers’ Society

Court

Supreme Court of Nova Scotia

Where the Regulations confer discretion to provide a member's response and the statute imposes confidentiality, the NSBS did not breach procedural fairness by supplying summaries rather than full written responses; a complainant's procedural fairness entitlement in this investigatory context is low and does not include an automatic right to copies of members' responses; the application for production is dismissed.

Source excerpt

• Disclosure of investigation materials
• Procedural fairness
• Standing
• Confidentiality
• Interpretation of the legal profession act and regulations

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SV v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Commission failed to prove on a balance of probabilities that the appellant's conduct was wilful or so reckless as to approach wilfulness. The appellant credibly demonstrated he sought and followed advice, acted within ordinary procedures, and only made one inadvertent email error which was reported; the employer withheld its investigation report. Therefore the termination was not shown to be for misconduct and the appellant is not disqualified from EI benefits.

Source excerpt

• Misconduct
• Disqualification from ei benefits
• Confidentiality
• Conflict of interest
• Burden of proof

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Hartin Estate (Re)

Court

Supreme Court of British Columbia

The court dismissed an estate beneficiary’s request for a further interim distribution, but ordered limited disclosure of corporate documents subject to confidentiality protections.

• Interim distribution of residue
• Executor discretion and fiduciary duty
• Disclosure to beneficiaries
• Confidentiality agreements
• Voluntary disclosure to cra
• Accountings

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