O'Grady v. Canada (Attorney General), [2016] F.T.R. TBEd. FE.003
| Judge | LeBlanc, J. |
| Court | Federal Court (Canada) |
| Case Date | January 05, 2016 |
| Jurisdiction | Canada (Federal) |
| Citations | [2016] F.T.R. TBEd. FE.003;2016 FC 9 |
O'Grady v. Can. (A.G.), [2016] F.T.R. TBEd. FE.003
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Temp. Cite: [2016] F.T.R. TBEd. FE.003
Kelly O'Grady (applicant) v. Attorney General of Canada (respondent)
(T-2587-14; 2016 FC 9)
Indexed As: O'Grady v. Canada (Attorney General)
Federal Court
LeBlanc, J.
January 5, 2016.
Summary:
In the underlying judicial review application, O'Grady challenged a decision of the Privacy Commissioner of Canada dismissing her complaint, regarding the alleged use of her birth records in a Statistics Canada study. She moved to have an adverse inference drawn from the affidavit (made on belief) of the Crown's affiant, the Director General, Census Subject Matter, Social and Demographic Statistics Branch at Statistics Canada. Her argument pursuant to Federal Courts Rule 81, was that the Director General failed to identify the sources of her evidence, and significantly relied on "third-party evidence".
The Federal Court dismissed the motion.
Evidence - Topic 205
Inferences and weight of evidence - Inferences - Conditions precedent - See paragraphs 17 to 24.
Practice - Topic 3076
Applications and motions - Applications - On affidavit evidence - See paragraphs 17 to 24.
Practice - Topic 3628
Evidence - Affidavits - Making of - Affidavit of information and belief (incl. requirement of personal knowledge) - See paragraphs 17 to 24.
Counsel:
Kelly O'Grady, on her own behalf.
Solicitors of Record:
William F. Pentney, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.
This motion in writing was considered at Ottawa, Ontario, pursuant to rule 369 of the Federal Courts Rules, before LeBlanc, J., of the Federal Court, who delivered the following order and reasons, dated January 5, 2016.
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...(2013 FCA 25), although without any commentary on this particular issue. [48] Subsequently, in O’Grady v Canada (Attorney General), 2016 FC 9 [O’Grady], Justice LeBlanc followed the approach of Twentieth Century Fox to the admissibility of hearsay evidence, concluding that the......
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...IPTV Service, he was in a position to know the facts sworn in his affidavit to be true: see O’Grady v Canada (Attorney General), 2016 FC 9, aff’d 2016 FCA 221 at paras 18 to 20. There is no speculation on his part. In fact, much of his evidence is corroborated through document......
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...IPTV Service, he was in a position to know the facts sworn in his affidavit to be true: see O’Grady v Canada (Attorney General), 2016 FC 9, aff’d 2016 FCA 221 at paras 18 to 20. There is no speculation on his part. In fact, much of his evidence is corroborated through document......
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Lukács v. Canada (Public Safety and Emergency Preparedness), 2020 FC 1142
...is a de novo review of the decision of the CBSA as described above. [53] In O’Grady v Canada (Attorney General), 2016 FC 9, aff’d 2016 FCA 221 [O’Grady], the Court noted the relevant principles regarding affidavits on information and belief, at paragraphs 18-21, i......
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Canada (National Revenue) v. Ghermezian, 2022 FC 236
...(2013 FCA 25), although without any commentary on this particular issue. [48] Subsequently, in O’Grady v Canada (Attorney General), 2016 FC 9 [O’Grady], Justice LeBlanc followed the approach of Twentieth Century Fox to the admissibility of hearsay evidence, concluding that the......
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Warner Bros. et al v. Tyler White dba Beast IPTV, 2022 FC 907
...IPTV Service, he was in a position to know the facts sworn in his affidavit to be true: see O’Grady v Canada (Attorney General), 2016 FC 9, aff’d 2016 FCA 221 at paras 18 to 20. There is no speculation on his part. In fact, much of his evidence is corroborated through document......
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Warner Bros. Entertainment Inc. v. Tyler White DBA Beast IPTV, 2023 FC 907
...IPTV Service, he was in a position to know the facts sworn in his affidavit to be true: see O’Grady v Canada (Attorney General), 2016 FC 9, aff’d 2016 FCA 221 at paras 18 to 20. There is no speculation on his part. In fact, much of his evidence is corroborated through document......
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Lukács v. Canada (Public Safety and Emergency Preparedness), 2020 FC 1142
...is a de novo review of the decision of the CBSA as described above. [53] In O’Grady v Canada (Attorney General), 2016 FC 9, aff’d 2016 FCA 221 [O’Grady], the Court noted the relevant principles regarding affidavits on information and belief, at paragraphs 18-21, i......