Date: 20020719
Docket: T-102-02
Neutral citation: 2002 FCT 803
Montréal, Quebec, July 19, 2002
Before: Richard Morneau, prothonotary
BETWEEN:
JEAN-GUY SAVARD
Plaintiff
and
PRIVACY COMMISSIONER
OF CANADA
Defendant
Motion by defendant under Rule 369 to strike the application for judicial review filed against it by the plaintiff.
REASONS FOR ORDER AND ORDER
[1] In the case at bar the Court must apply David Bull Laboratories Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (F.C.A.), and allow the defendant's motion at bar, and accordingly order that the application for judicial review filed against it by the plaintiff be struck out.
[2] The plaintiff should clearly understand that the defendant has a limited power and function under his enabling legislation as to whether he should retain in the plaintiff's file information which the plaintiff considers to be erroneous.
[3] In the case at bar it appeared from the evidence in the record that the defendant committed no excess of jurisdiction and performed each of his obligations in accordance with the Privacy Act, and the defendant's recommendations were adopted at the inquiry by the Correctional Service of Canada.
[4] Clearly, therefore, the plaintiff cannot claim judicial review of the defendant here.
[5] The Court adopts and entirely concurs in the reasons contained in paras. 13 to 23 of the written submissions filed by the defendant in support of its application.
"Richard Morneau"
prothonotary
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA TRIAL DIVISION
Date: 20020719
Docket: T-102-02
Between:
JEAN-GUY SAVARD Plaintiff and PRIVACY COMMISSIONER OF CANADA Defendant
REASONS FOR ORDER AND ORDER
|
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: T-102-02
STYLE OF CAUSE: JEAN-GUY SAVARD
and
PRIVACY COMMISSIONER
OF CANADA
WRITTEN MOTION CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: July 19, 2002
WRITTEN SUBMISSIONS:
Jean-Guy Savard for the plaintiff
Sean T. McGee for the defendant
SOLICITOR OF RECORD:
Nelligan, O'Brien, Payne for the defendant
Ottawa, Ontario