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BODIES UNDER REVIEW - Boards, tribunals and commissions - Discovery and disclosure - Production and inspection of documents

Tuesday, February 13, 2018 @ 8:50 AM  

Appeal by the Vancouver Airport Authority from a Competition Tribunal order. The appellant was the subject of Tribunal proceedings alleging anti-competitive abuse of a dominant position in respect of limiting in-flight catering to two operators. In the course of pre-hearing disclosure, the Competition Commissioner refused production of approximately 1,200 documents on class privilege grounds in respect of those who had provided information during the investigation. The appellant brought a motion for disclosure. The Tribunal found the existence of the alleged class privilege based on Federal Court...