Court of Appeal

                           NOVA SCOTIA COURT OF APPEAL

Citation: Cherubini Metal Works Ltd. v. Nova Scotia (Attorney General),

2007 NSCA 37

Date: 20070405

Docket: CA 270800

Registry: Halifax

Between:

Cherubini Metal Works Limited,

a body corporate

Appellant

v.

The Attorney General of Nova Scotia representing

Her Majesty the Queen in Right of the Province of Nova Scotia

Respondent

Judge:                   The Honourable Justice Thomas Cromwell

Appeal Heard:      January 19, 2007

Subject:                 Discovery – Members of administrative tribunals – deliberative secrecy  

Summary:             In connection with its tort action against the Province and two trade unions, the appellant sought to discover two members of an administrative tribunal.  A chambers judge struck out the notices of examination on the ground that the appellant had not made out a case for discovery. The appellant appealed.

Issues:                   1.       (a)      Does deliberative secrecy apply to discovery sought in a tort action?

          (b)     If so, is the information which the appellant sought covered by deliberative secrecy?

          (c)      If so, what does the appellant have to show in order to justify lifting the secrecy?

2.       If the information is covered by deliberative secrecy, did the appellant establish a valid reason to lift it?

Result:                  Appeal dismissed.  Deliberative secrecy applies to discovery of administrative tribunal members sought in a tort action.  Deliberative secrecy applies to the information sought by the appellant and the judge did not err in finding that the appellant had not made out a case to justify lifting the secrecy.