DR. GABOR LUKACS v. MPSEP
DR. GABOR LUKACS
Law Firm / Organization
Unrepresented
Minister of Public Safety and Emergency Preparedness
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Jan Jensen

Background

  1. Initial Dispute: Dr. Lukács' complaint about CBSA's refusal to provide records under the Access to Information Act was deemed unfounded by the Information Commissioner, leading to a judicial review application??.
  2. Document Disclosure Agreement: Parties agreed on the provision of some documents, leaving only six minor redactions contested??.

Case Management Decision

  1. Supplementary Affidavit: Dr. Lukács sought to file a supplementary affidavit for his judicial review application and preliminary motions. The case management judge allowed it only for the application, not the motions??.
  2. Errors Alleged by Dr. Lukács: He claimed the judge made errors in denying additional evidence and not incorporating the document agreement into the order??.

Appeal and Court’s Analysis

  1. Judicial Discretion: Emphasized that case management judges require leeway in managing cases; interference only warranted in clear misuse cases??.
  2. Evidence Admission Criteria: The judge correctly applied the test for admitting evidence, considering admissibility, relevance, and potential prejudice??.
  3. Relevance and Delay Considerations: No errors found in the judge's relevance assessment or in considering procedural delays and material volume??.
  4. Order Amendment Unnecessary: The judge's decision not to amend the order to include the parties' document agreement was justified??.

Conclusion

  • Appeal Outcome: The appeal was dismissed, upholding the case management judge's decision without finding any legal or significant factual errors??.
  • ???????
Federal Court of Appeal
A-245-21
Privacy law
Respondent
27 September 2021