On May 8, 2014, the Federal Court of Appeal rendered judgment in Exeter v. Canada (Attorney General) on an appeal from an order of the Federal Court upholding a Prothonotary’s interlocutory order. The appellant submitted as a ground of appeal that the Prothonotary had been biased against her.

The appellant, a self-represented litigant, sought leave to file the audio recording of the hearing before the Prothonotary. The Court of Appeal initially agreed to receive the recording. In his reasons for judgment dismissing the appeal, Stratas J.A. reconsidered that initial decision for future reference. Stratas J.A. stressed that:

Those seeking to raise matters of what was said during a hearing should order a transcript of the recording and file only necessary portions of the transcript as part of the appeal book under Rule 344(1)(e): see the direction dated January 21, 2014 of the Court in Rahman v. AGC in file A-365-13. (para. 7)