- Parties: The appellants were Sakab Saudi Holding Company, Alpha Star Aviation Services Company, Enma Al Ared Real Estate Investment and Development Company, Kafa’at Business Solutions Company, Security Control Company, Armour Security Industrial Manufacturing Company, Saudi Technology & Security Comprehensive Control Company, Technology Control Company, New Dawn Contracting Company, and Sky Prime Investment Company. The respondents were Attorney General of Canada and Saad Khalid S Al Jabri.

- Subject Matter: The underlying proceeding, commenced before the Ontario Superior Court of Justice by the appellants and other parties in January 2021, sought damages of over $5 billion from the respondent and other parties. The Attorney General of Canada brought an application seeking to protect sensitive or potentially injurious information from disclosure in the proceeding under s. 38.04 of the Canada Evidence Act, 1985. These consolidated appeals (A-17-23 and A-280-23) concerned two interlocutory decisions that the Federal Court’s designated judge issued in the context of the s. 38 proceeding.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal without costs since the respondents sought none. The appeal court held that the designated judge did not err in concluding that the proffer – described as an unsworn “solicitor’s brief” or lawyer’s “memo to file” – could be the subject of a s. 38 application.

- Date: The hearing was set on Feb. 6, 2024. The court released its decision on May 9, 2024.

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

- Amount: No financial award was specified.