Quebec Port Terminals Inc. v. Canada ( Canada Labour Relations Board )
A-1584-92
Décary J.A.
5/5/93
12 pp.
Application for judicial review of decision and order of Canada Labour Relations Board -- Counsel for five respondents asked Board pursuant to Rule 1612 to forward certain material to Court registry -- Counsel for applicant made objections to seven questions asked in cross-examination on affidavit of one of counsel and to application to obtain material -- Whether documents in question exhibits within meaning of RR. 1612 and 1613 -- RR. 1612 and 1613 should be read as extension of RR. 1606 to 1610, which relate to preparation of application record -- Use of R. 1612 exceptional -- In case at bar respondents for all practical purposes asking tribunal to assist them in preparing new evidence they intend to submit to Court -- Accepting respondents' arguments would transform rules concerning preparation of record into rules concerning production of evidence and permit party to produce new evidence -- Forwarding of documents to registry null and void -- Applicant's objection to request to obtain material made by respondent well founded -- In case where allegation of apparent bias, grounds for apprehension must be substantial and standard cannot be sensitive or scrupulous conscience -- Deponent of affidavit neither represented nor claimed to represent Board and so not competent to testify as to Board policy -- Objections Nos. 2, 5 and 7 concerning questions designed to determine what policy Board followed in retaining law firms and to place policy in evidence valid -- Objection No. 4 concerning hypothetical question upheld -- Objection No. 3 concerning relevant question addressed to correct witness dismissed -- Federal Court Rules, C.R.C., c. 663, RR. 1612 (as enacted by SOR/92-43, s. 19), 1613 (as enacted idem).