- Parties: The appellant was Soumaine Dehkissia. The respondent was Technologies du Développement Durable Canada.

- Subject Matter: The appellant brought a motion under r. 312 of the Federal Courts Rules, SOR/98-106. His motion sought leave to file a supplemental record in support of his judicial review application filed under s. 41(1) of the Access to Information Act, 1985. Associate Justice Steele of the Federal Court dismissed the motion. Justice Pentney of the Federal Court dismissed an appeal from Steele’s order. Pentney concluded that Steele properly stated and applied the relevant criteria for a r. 312 application in line with the relevant jurisprudence. This prompted the appellant to appeal Pentney’s order.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court saw no error of law or palpable and overriding error in Pentney’s analysis. The appeal court noted that the appellant raised largely the same arguments that the Federal Court twice rejected. The appeal court determined that Pentney fully reviewed Steele’s order and the appellant’s arguments using the applicable standard, which imposed a high burden and required a high degree of deference.

- Date: The hearing was set on Oct. 7, 2024. The court released its decision on Oct. 7, 2024.

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

- Amount: The appeal court awarded costs under column III of the table of Tariff B in r. 407.