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Oct 6, 2017

Supreme Court of Canada decision: Obligation to provide discovery


The Supreme Court of Canada released the following decision:

Canada (Attorney General) v. Thouin, 2017 SCC 46, File no. 36869

(Civil procedure — Evidence — Immunity — Class action against oil companies and retailers who had been subjects of investigation by Competition Bureau — Motion for permission to examine chief investigator from Competition Bureau and for order requiring Attorney General of Canada to disclose evidence obtained in investigation — Objection based on Crown immunity — Whether chief investigator may be required to submit to discovery under Quebec rules of civil procedure in proceedings in which neither Crown nor chief investigator is party — Crown Liability and Proceedings Act, R.S.C. 1985, c. C‑50, s. 27  — Interpretation Act, R.S.C. 1985, c. C‑50, s. 17 .)
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