Federal Court Decisions

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.

                                                 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