Here is another order in the matter of Jewish National Fund of Canada Inc. v. Canada (National Revenue) (2025 FCA 114). You can read the order. It relates to various technical issues on a motion from JNF Canada. JNF Canada wanted the CRA to disclose 4 additional categories of material. It relates to the Certified Tribunal Record (CTR) which I think is now up to 13,000 pages long. CRA argued that they had met the disclosure obligation.
Mr. Justice Walker J.A. ordered “[8] I have read the parties’ submissions and, for the reasons that follow, will grant JNF’s motion in part and order the Minister to provide certain further materials together with an updated affidavit explaining the scope of CRA’s supplementary search of its records and certifying that no further relevant materials are within its possession.”
Unfortunately, this does not really bring us any closer to a decision by the FCA and it has now been almost year since the publication of the revocation in the Canada Gazette. “[19] In making this Order, I express no view as to whether the decision to issue the NITR and the decision to issue the Confirmation (or decision to publish) are separate decisions or whether the decision to publish is amenable to judicial review.”
