The applicant, having been granted leave to seek judicial review, sought discovery by the Minister of documents relating to statistics and records of cases assigned to the Tribunal Member dealing with the applicant’s case and the audio recording of the hearing. The Tribunal contested the application for discovery.
The Court, in granting discovery, found that, as the applicant had leave to seek review, there were substantial grounds to the applicant’s claim and that discovery should be restricted to such documents as are necessary for the purpose of ensuring a proper and comprehensive hearing of the facts and arguments. The Court ordered discovery of statistics already compiled and available, documents regarding the assignment and cases and the audio recording of the hearing.
