Date: 2000-07-21. Docket: T-1027-00. Reed J. | Link

Motion to side aside Madam Justice Tremblay-Lamer’s ex parte order requiring Air Canada to produce records to the Commissioner of Competition for its inquiry into Air Canada’s pricing and capacity policies. Air Canada was unable to demonstrate that the information provided to Madam Justice Tremblay-Lamer was incomplete, misleading or incorrect to a degree that would have led her to refuse to grant the order. Air Canada argued that the burden placed on Air Canada to produce the requested records outweighs the benefits to the Commissioner because the records are not relevant, or only marginally relevant. In order to provide emails created more than six months ago, Air Canada would have to recreate the file, which requires two to three weeks of work. “Counsel for the Commissioner noted that, at the time the Commissioner sought the section 11 order, he did not know what the record-keeping practices of Air Canada were. Counsel indicated that insofar as there were real difficulties in responding to the requests, as a result of the form in which they had been asked, this should be the subject of discussion between counsel, before the Court was asked to adjudicate further on it. That aspect of Air Canada’s present motion was therefore set aside to allow for such discussion.” The motion to set aside or vary Madam Justice Tremblay-Lamer’s order was dismissed.