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PAGE 14 CaseLawLaw FEDERAL COURT OF APPEAL Civil Procedure DISCOVERY Insured person had right to ac- cess portions of handwritten notes taken by doctor taken during in- dependent medical examination of insured person performed in Ontario by doctor at request of insurance company, to extent that notes constituted his "personal in- formation" under Personal Infor- mation Protection and Electronic Documents Act (Can.). Rousseau v. Wyndowe (Feb. 1, 2008, F.C.A., Decary, Nadon and Trudel JJ.A., File No. A-551-06) Appeal from 153 A.C.W.S. (3d) 308; 56 Admin. L.R. (4th) 92 was allowed in part. Order No. 008/050/115 (18 pp.). Taxation INCOME TAX Tax Court judge erred in Appellant challenged assessment made by Minister, in particular, that actions and conduct of Can- ada Revenue Agency Appeals Of- ficer in dealing with her Notice of Objection to Minister's assessment constituted abuse of process. Tax Court Judge did not err in strik- ing certain paragraphs of Notice of Appeal. Tax Court Judge erred in awarding costs against appellant on basis of improper and irrel- evant consideration. Respondent, having succeeded completely on its motion to strike, was entitled to its costs. Luciano v. Canada (Jan. 22, 2008, F.C.A., Decary, Nadon and Tru- del JJ.A., File No. A-219-07) awarding costs against appellant Appeal from 157 A.C.W.S. (3d) 448; 2007 D.T.C. 706; [2007] 3 C.T.C. 2551 dismissed. Order No. 008/037/064 (5 pp.). COURT Competition Law FEDERAL GENERAL Disclosure order made on ex parte basis was set aside Commissioner was conducting in- quiry into acquisition of Lakeport by Labatt and its likely competi- tive implications for production, distribution, sale and marketing of beer in Ontario. Disclosure order requiring respondents to produce documentary records on ex parte application brought by Commis- sioner was based on misleading, inaccurate and incomplete infor- mation provided by Commis- sioner. Disclosure order should never have been made. Disclosure order relating to respondents was ordered set aside. Canada (Commissioner of Com- petition) v. Labatt Brewing Co. (Jan. 28, 2008, F.C., Mactavish J., File No. T-325-07) Order No. 008/043/020 (51 pp.). Constitutional Law CHARTER OF RIGHTS Refusal to distribute leaflets was prima facie infringement of s. 2(b) of Charter but was reasonable limit under s. 1 APRIL 21, 2008 / LAW TIMES COURT DECISIONS CaseLaw is a weekly summary of notable unreported civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. Single or multiple copies of the full text of any case digested in this issue can be obtained by: i) completing and mailing in the order form in this issue; or ii) calling CaseLaw's photocopy department at (905) 841-6472 in Toronto, (800) 263-3269 in Ontario and Quebec, or (800) 263-2037 in other provinces; or iii) faxing a copy of the completed order form to (905) 841-5085. offered by respondent. Decision to refuse to distribute applicant's leaflets constituted prima facie in- fringement of s. 2(b) of Canadian Charter of Rights and Freedoms. Refusal constituted reasonable limit in free and democratic society pursuant to s. 1 of Charter. How- ever, respondent's decision was ultra vires of powers conferred to respondent by Canada Post Cor- poration Act. Decision was made pursuant to corporate guideline or policy, as opposed to being made pursuant to regulations relating to non-mailable matter. Respon- dent did not have any authority to render decision. Judicial review allowed. Respondent's decision quashed. Order quashing decision of respondent suspended for six months for purpose of providing respondent with opportunity to enact regulation or amend current Regulations. Sex Party v. Canada Post Corp. (Jan. 14, 2008, F.C., Beaudry J., File No. T-65-06) Order No. 008/024/165 (39 pp.). Criminal Law PROCEEDS OF CRIME Lack of details and inadequate documentation supported confirmation of forfeiture transporting funds to Vietnam for others. Minister concluded reason- able suspicion that currency was proceeds of crime based on lack of readily traceable history. Minister considered: fact that amount of cash carried was unusual; accused's business only earned annual net profit of $20,000 and had ceased operation; and lack of written ac- count of business transactions. Ap- plication dismissed. No denial of procedural fairness. Adjudicator not obliged to make additional re- quests after nothing provided in re- sponse to expressed concern about insufficiency of documents and information. Decision to confirm forfeiture was reasonable. Minister could reasonably accept officer's account of interaction with ap- plicant. Applicant did not explain why funds could not have been wired to Vietnam. Not arbitrary to consider applicant's multiple bank accounts as suspicious. Lack of de- tails and inadequate documenta- tion provided supported Minister's conclusion. Dang v. Canada (Minister of Pub- lic Safety and Emergency Prepared- ness) (Feb. 6, 2008, F.C., Gauthier J., File No. T-589-07) Order No. 008/063/144 (23 pp.). DD LT RXQTHZH-03 Online ad 4/11/08 10:06 AM Page 1 Respondent refused to distribute leaflet of applicant using Unad- dressed Admail service on ground that leaflet was sexually explicit. Unaddressed Admail Program was mass direct mail service for deliv- ery of flyers, printed material and product samples to households, and businesses across Canada, Applicant applied for judicial re- view of Minister's decision con- firming forefeiture of moneys seized by customs officer under Proceeds of Crime (Money Laun- dering) and Terrorist Financing Act (Can.). Applicant failed to report CAD$7,200; USD$3,600 and travellers' cheques worth US$3,500. Officer alleged ap- plicant made contradictory state- ments about source of money and eventually said he took money from his laundry business. Applicant did not produce any documenta- tion regarding source of funds. On review, applicant claimed he was Save a Tree, shop online dyedurhambasics.ca • Online ordering reduces the amount of paper used, promoting sustainability of forests • Online ordering saves time • Using favourites list you save time and reduce errors • Use our online catalogue to find 'Green' products - Check the Green Products tab yourONE source supplier for dyedurhambasics.ca • 1-888-393-3874 • Fax: 1-800-263-2772 OFFICE & FURNITURE PRODUCTS Office & Furniture Products • Corporate Promotional Products Printing & Graphic Services • Law Office Essentials Corporate Supplies • Search & Registration Services www.lawtimesnews.com C PREFERRED SUPPLIER U Intellectual Property Industrial And PATENTS Applicant was denied order pro- hibiting Minister from issuing NOC to A, until expiry of '546 patent for atorvastatin calcium, marketed as LIPITOR. Appli- cant had not satisfied overall legal burden on balance of prob- abilities that its '546 patent was valid selection patent. Further, '546 patent was objectionable for claiming subject matter already monopolized by '893 patent. Pfizer Canada Inc. v. Canada (Minister of Health) (Jan. 4, 2008, F.C., Barnes J., File No. T-16-06) Order No. 008/035/091 (59 pp.). Social Welfare Applicant applied for judicial re- view of decision made by Review Tribunal constituted under Can- ada Pension Plan which rejected applicant's request to be awarded a full pension pursuant to Old Age Security Act (Can.). Applicant was denied full pension because he did not apply to become a landed im- migrant of Canada prior to July 1, 1977 when Old Age Security Act was amended. Application dis- missed. Tribunal correctly identi- fied retrospective application of Canadian Charter of Rights and Freedoms as principal issue and Charter was not in effect when Old Age Security Act was amend- ed in 1977 to introduce residency requirement for award of a full monthly pension. Sell v. Canada (Attorney General) (Dec. 13, 2007, F.C., Heneghan J., File No. T-1351-06) Order No. 008/009/107 (16 pp.). OLD AGE SECURITY Charter not in effect when Old Age Security Act (Can.) amended to introduce residency requirement ONTARIO CRIMINAL CASES Fraud Trial of the accused for one count of making a false entry, with in- tent GENERAL Accused restaurant manager defrauded her employer to defraud, contrary to s. 397(1)(a) of the Criminal Code and one count of fraud with Dye & Durham Online E W e ' r e a D y C A S n a 8 I n E 9 H a p N d & 9 i R m a 1 C n D o a Y M

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