Al-Mhamad v. Canada (Radio-Television and Telecommunications Commission)

Al-Mhamad v. Canada (Radio-Television and Telecommunications Commission)
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-01-30
Neutral citation
2003 FCA 45
File numbers
A-711-01
Decision Content
Date: 20030130
Docket: A-711-01
Neutral citation: 2003 FCA 45
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
EVANS J.A.
BETWEEN:
SALEH M. HASSAN AL-MHAMAD
Appellant
and
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
SOLICITOR GENERAL OF CANADA
THE OFFICE OF THE SUPERINTENDENT OF FINANCIAL
CANADIAN HUMAN RIGHTS COMMISSION
Respondents
Heard at Ottawa, Ontario, on January 29, 2003.
Judgment delivered at Ottawa, Ontario, on January 30, 2003.
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: RICHARD C.J.
EVANS J.A.
Date: 20030130
Docket: A-711-01
Neutral citation: 2003 FCA 45
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
EVANS J.A.
BETWEEN:
SALEH M. HASSAN AL-MHAMAD
Appellant
and
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
SOLICITOR GENERAL OF CANADA
THE OFFICE OF THE SUPERINTENDENT OF FINANCIAL
CANADIAN HUMAN RIGHTS COMMISSION
Respondents
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1] This is an appeal against a decision of Gibson J. whereby the learned judge struck the appellant's application for judicial review pursuant to a motion to strike brought by the respondents.
[2] The appellant complained in his application for judicial review that he was denied access to personal information contained in the files of the respondents. After thorough investigation of the appellant's allegations, the Privacy Commissioner found that there was no basis to conclude that the appellant had been denied by the respondents a right of access to information: see Appeal Book, Letter of Commissioner dated May 11, 2001, page 63.
[3] The appellant also sought in his application an award of damages. It is trite law that the Court has no jurisdiction to award damages in judicial review proceedings: see Bouchard v. Canada (Min. of National Defence) (1998), 158 F.T.R. 232, affirmed (1999), 187 D.L.R. (4th) 314 (F.C.A.).
[4] The motions judge relied upon the decision of this Court in David Bull Laboratories v. Pharmacia Inc., [1995] 1 F.C. 588 (F.C.A.) to strike the appellant's application on the basis that the application was bereft of any possibility of success. We have not been convinced that the motions judge erred in law or in fact in granting the motion to strike.
[5] For these reasons, the appeal will be dismissed. A copy of these reasons will be inserted in file A-712-01 in support of the judgment rendered therein.
"Gilles Létourneau"
J.A.
"I agree
J. Richard C.J."
"I agree
John M. Evans J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-711-01
STYLE OF CAUSE: SALEH M. HASSAN AL-MHAMAD v. CRTC ET AL.
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: January 29, 2003
REASONS FOR JUDGMENT: LÉTOURNEAU J.A.
CONCURRED IN BY: RICHARD C.J.
EVANS J.A.
DATED: January 30, 2003
APPEARANCES:
Mr. Saleh M. Hassan Al-Mhamad ON HIS OWN BEHALF
Mr. John Unrau FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Mr. Saleh M. Hassan Al-Mhamad
Ottawa, Ontario ON HIS OWN BEHALF
Mr. Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENTS