Law360 Canada ( May 5, 2026, 9:37 AM EDT) -- Appeal by Minister of Education and Child Care (Minister) and the Lieutenant Governor in Council (collectively, Province) from two interlocutory orders. The orders were issued in a judicial review proceeding brought by the former trustees of Board of Education of School District No. 61 (Former Trustees). The judicial review challenged two ministerial orders (an Administrative Directive and a Special Advisor Order) and an Order in Council (OIC) appointing an official trustee, alleging the Orders were ultra vires, made in bad faith and for an improper purpose, and enacted without procedural fairness. Before the chambers judge, the Former Trustees sought clarification of the judicial review record and production of extra‑record documents relevant to the bad faith and procedural fairness allegations. The Province opposed and, in a separate application, sought to strike the petition’s bad faith and procedural fairness portions, arguing the pleadings disclosed no reasonable claim and that the OIC was legislative in nature and attracted no duty of fairness. The chambers judge dismissed the strike application and granted broad document production orders, directing disclosure of all records before the Minister when making the Orders, a detailed list of Cabinet record documents with privilege claims, and additional communications concerning the school police liaison officer program. On appeal, the Province argued the chambers judge erred in concluding the procedural fairness and bad faith claims were not bound to fail, improperly expanded the record in a manner akin to civil discovery, misinterpreted the nature of the OIC, and ordered production of documents not before the decision makers. The Former Trustees submitted that none of the claims were plainly and obviously doomed to fail, that the OIC’s character was not clearly legislative, and that the production orders were necessary to allow the reviewing court to fulfill its supervisory role....