Savard v. Canada (Privacy Commissioner)
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Savard v. Canada (Privacy Commissioner) Court (s) Database Federal Court Decisions Date 2002-07-19 Neutral citation 2002 FCT 803 File numbers T-102-02 Decision Content 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 pa…
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Savard v. Canada (Privacy Commissioner) Court (s) Database Federal Court Decisions Date 2002-07-19 Neutral citation 2002 FCT 803 File numbers T-102-02 Decision Content 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 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
Source: decisions.fct-cf.gc.ca