- Parties: The appellants were China Mobile Communications Group Co., Ltd., China Mobile International (Canada) Inc., and China Mobile International (UK) Limited. The respondents were Canada (Attorney General), Minister of Innovation, Science and Industry, and Governor General in Council.

- Subject Matter: This matter involved the Investment Canada Act. The appellants sought production of documents in the possession of the Governor in Council and the Minister of Innovation, Science and Industry under r. 317 of the Federal Courts Rules, S.O.R./98-106. The Federal Court dismissed this motion and concluded that the material in the minister’s possession could not be subject to a r. 317 request because the minister’s decision was not the subject of the judicial review.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal with costs. It saw no error in the Federal Court’s decision. The appeal court rejected the appellants’ assertion that Tsleil-Waututh Nation v. Canada (Attorney General), 2017 FCA 128 could not be considered alongside Babcock v. Canada (Attorney General), 2002 SCC 57. The appeal court also rejected the appellants’ argument that Smith, Kline & French v. Attorney General of Canada, [1983] 1 F.C. 917, 1983 CanLII 5055, established an error in the Federal Court’s decision.

- Date: The hearing was set on May 15, 2023. The court released its decision on Oct. 5, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.