The Applicant sought disclosure of certain records the Respondents refused to disclose. The Applicant filed an Application for Leave to Appeal the Decision of the Association of Professional Engineers and Geoscientists of Alberta Appeal Board (the Board) which was pending at the time of this Decision. The Applicant sought additional documents from the Board for the purposes of the Leave Application. The Board refused to provide the additional records on the basis that they were subject to deliberative secrecy or that the Board did not possess the requested records. Subsequently, the Applicant brought this Application.

The Applicant argued that disclosure of the additional documents was required under the Engineering and Geoscience Professions Act, RSA 2000, c E-11, (EGPA) and that claims of deliberative secrecy should not apply due to procedural issues of the Decision. The Respondent maintained that all records were disclosed as required under the EGPA and invoked deliberative secrecy for the additional documents.

The Applicant submitted that an Appeal Judge has jurisdiction to grant Production Orders pursuant to Rule 14.28(3). The Court stated that Rule 14.28(3) allows an appeal judge to direct that any record before the court appealed from, including the Board, be transmitted to the Court. Appeal Justice de Wit noted that at least some, if not all of the records requested by the Applicant did not appear to be records that were before the Board at the Board Hearing and that all of the records that were before the Board had been disclosed to the Applicant.

De Wit J.A. noted that, pursuant to Rule 14.56, the court has wide discretion to make orders that facilitate an appeal. However, the Court determined that the EGPA did not extend to include the records requested by the Applicant and that there was no basis to compel the production of records the Respondent did not possess. The Court dismissed the Application for the production of records. Rule 9.4(2)(c) was invoked so the Court could prepare the resulting Order or Judgment.