D & B Companies of Canada Ltd. v. Canada ( Director of Investigation and Research )
A-505-94
Strayer J.A.
7/11/94
7 pp.
Appeal from Competition Tribunal decision refusing to order Director of Investigation and Research to produce documents for inspection and copying -- Director refusing production on grounds of public interest privilege, litigation privilege -- Director must be able to obtain information in confidence from relevant industry in performing functions under Competition Act -- Presiding judicial member of Tribunal correctly following and applying previous Tribunal decisions in finding documents to be within privileged class -- Tribunal's approach already endorsed by Court -- Tribunal acting within established principles of law of evidence in recognizing class of documents which should enjoy public interest privilege -- Curial deference due to tribunals when issue in question, whether factual or legal, within particular expertise of Tribunal -- Tribunal required to do balancing of two public interests: that of full disclosure for best administration of justice and that of protection of sources necessary for administration of law -- Finding that complaint and investigation materials acquired by Director in proceedings under Competition Act belong to privileged class within competence of Tribunal to decide as adjudicator of fact and law -- Appeal dismissed -- Competition Act, R.S.C., 1985, c. C-34.