- Parties: The appellant was Southern Railway of British Columbia Limited. The respondents were DP World Logistics Canada Inc. and Vancouver Fraser Port Authority.

- Subject Matter: The appellant moved for the production of documents by the respondents under rr. 317 and 318 of the Federal Court Rules, SOR/98-106. A case management judge partly granted this motion. A motion judge of the Federal Court set aside the case management judge’s order. The appellant challenged the motion judge’s order.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court held that the motion judge did not err in determining that the case management judge applied the wrong legal test and breached procedural justice principles. The appeal court noted that the respondent DP World Logistics Canada Inc. (DPWL) was led to believe that the appellant would bear the burden of proof on its r. 317 motion, which would be decided on the usual “balance of probabilities” standard. The appeal court further noted that DPWL was not anticipating that the case management judge would require it to show on a plain and obvious standard that there was no order of a tribunal amenable to judicial review.

- Date: The hearing was set on Sept. 11, 2024. The court released its decision on Oct. 25, 2024.

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

- Amount: The appeal court awarded costs in favour of the respondent DPWL.