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Federal Court of Appeal: No Public Interest Class Privilege

Candice Chan-Glasgow Director, Document Review Services February 26, 2018 In Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24, the Federal Court of Appeal denied the Commissioner of Competition a public interest class privilege over documents obtained during an investigation. The investigation related to the Airport Authority’s decision to allow only two in-flight caterers to operate at the Vancouver International Airport. The Commissioner alleged that the Airport Authority behaved in an anti-competitive manner, resulting in “higher prices, dampened innovation and lower service quality”. The Commissioner’s initial affidavit of documents listed 11,500 relevant documents. Approximately 9,500 of




