Preliminary Motions

Why preliminary motions matter

A judicial review is only as strong as the record it’s based on. Before the Court can assess whether CRA’s decision was reasonable, we need to know what CRA actually had in front of it — and whether a human decision-maker was genuinely involved.

CRA is required under Rule 318 of the Federal Courts Rules to produce the complete Certified Tribunal Record: every document, note and communication that was before the decision-maker. When that record is incomplete, or when it raises questions about the integrity of the decision-making process, I bring a motion to compel proper disclosure before the case moves forward.

Incomplete tribunal records

CRA sometimes produces a record that omits internal notes, automated processing logs, or communications between officers. Rule 318(4) allows the applicant to bring a motion for an order requiring CRA to produce the complete record. I file these motions where the record as produced doesn’t account for the decision that was actually made.

Automated decisions without human review

Where the tribunal record reveals that CRA’s eligibility determination was generated by an automated system — flagged by internal codes such as BOT067G or BOT056G — this raises a threshold question about whether the “decision” under review was lawfully made at all. A preliminary motion can put this issue before the Court early, before the parties invest in full merits briefing.

How this fits into the broader file

Preliminary motions don’t replace the judicial review — they set it up properly. A complete and transparent record strengthens every argument that follows, whether the file resolves through settlement or proceeds to a hearing. In practice, compelling a complete record also often prompts the Department of Justice to engage in earlier and more productive settlement discussions.