Duguay v. Hockey Canada
Court headnote
Duguay v. Hockey Canada Court (s) Database Federal Court Decisions Date 2005-05-16 Neutral citation 2005 FC 705 File numbers T-2132-04 Decision Content Date: 20050516 Docket: T-2132-04 Citation: 2005 FC 705 Montréal, Quebec, May 16, 2005 Present: MR. RICHARD MORNEAU, PROTHONOTARY BETWEEN: DÉSANGES DUGUAY Applicant and HOCKEY CANADA Respondent Motion in writing by the respondent, Hockey Canada, to strike out the application for judicial review filed by the applicant. REASONS FOR ORDER AND ORDER [1] For the purposes of this proceeding, I have read all of the relevant documentation filed by the parties to date, including the applicant=s reply record, which she sought previously to file officially, but without success. [2] The reasons contained in the application for judicial review filed by the applicant (the application) are addressed solely to the management of Hockey Canada after the Human Rights Commission (the Commission) dismissed a complaint by the applicant. In this case, the application does not seek to review the Commission=s decision. The applicant focuses solely on the management of Hockey Canada. But Hockey Canada is not a federal board, commission or other tribunal and its management cannot be reviewed by this Court. [3] Furthermore, it should be noted that this Court does not have jurisdiction to force Hockey Canada to comply with the Canadian Centre for Ethics in Sport and the Speak Out! Program, or to order a public inquiry. [4] The other orders sought by the ap…
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Duguay v. Hockey Canada Court (s) Database Federal Court Decisions Date 2005-05-16 Neutral citation 2005 FC 705 File numbers T-2132-04 Decision Content Date: 20050516 Docket: T-2132-04 Citation: 2005 FC 705 Montréal, Quebec, May 16, 2005 Present: MR. RICHARD MORNEAU, PROTHONOTARY BETWEEN: DÉSANGES DUGUAY Applicant and HOCKEY CANADA Respondent Motion in writing by the respondent, Hockey Canada, to strike out the application for judicial review filed by the applicant. REASONS FOR ORDER AND ORDER [1] For the purposes of this proceeding, I have read all of the relevant documentation filed by the parties to date, including the applicant=s reply record, which she sought previously to file officially, but without success. [2] The reasons contained in the application for judicial review filed by the applicant (the application) are addressed solely to the management of Hockey Canada after the Human Rights Commission (the Commission) dismissed a complaint by the applicant. In this case, the application does not seek to review the Commission=s decision. The applicant focuses solely on the management of Hockey Canada. But Hockey Canada is not a federal board, commission or other tribunal and its management cannot be reviewed by this Court. [3] Furthermore, it should be noted that this Court does not have jurisdiction to force Hockey Canada to comply with the Canadian Centre for Ethics in Sport and the Speak Out! Program, or to order a public inquiry. [4] The other orders sought by the applicant cannot succeed, either. [5] In my view, therefore, the application is clearly so irregular as to have no chance of success. Accordingly, it is clear and obvious that the Court must intervene and strike out this application. [6] The applicant=s application, therefore, is struck out, without costs. Richard Morneau Prothonotary Certified true translation K.A. Harvey FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-2132-04 STYLE: DÉSANGES DUGUAY Applicant and HOCKEY CANADA Respondent WRITTEN MOTION DECIDED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER: MR. RICHARD MORNEAU, PROTHONOTARY DATE OF REASONS: May 16, 2005 WRITTEN REPRESENTATIONS BY: Désanges Duguay FOR THE APPLICANT Jean-Sébastien Gallant FOR THE RESPONDENT SOLICITORS OF RECORD: Borden Ladner Gervais FOR THE RESPONDENT Ottawa, Ontario
Source: decisions.fct-cf.gc.ca