Date: 20020320
Docket: T-32-02
Neutral Citation: 2002 FCT 299
Ottawa, Ontario, this 20th day of March, 2002
Present: The Honourable Mr. Justice Pinard
Between:
JAYLYNN ENTERPRISES LIMITED, a body corporate,
ROBERT J. RICHARDS and SANDRA L. RICHARDS;
Applicants
- and -
THE MINISTER OF NATIONAL REVENUE;
Respondent
UPON MOTION by the respondent, the Minister of National Revenue, for:
1. An Order pursuant to Rules 58, 221, 54, 3 and 4 of the Federal Court Rules, 1998, striking out or dismissing the applicants' Application for Judicial Review; or
2. An Order pursuant to Federal Court Rules 302 and 75 requiring the applicants:
a) to amend their Application for Judicial Review dated January 7, 2002, so that it is an application in respect of only the decision made by the respondent which gave rise to a complaint made by the applicants to the Privacy Commissioner of Canada under the Privacy Act and does not include any references to decisions or issues arising under the Access to Information Act;
b) to amend the Application to delete the claim for relief of "a review of the findings of the Information and Privacy Commissioners of Canada"; and
c) to file an amended Affidavit to conform to the amended Application;
3. An Order requiring the applicants to apply pursuant to section 41 of the Access to Information Act for an extension of time within which to file an Application for judicial review of the Minister's decision made pursuant to that Act; and
4. Such further direction as the Court considers necessary for the conduct of this proceeding.
REASONS FOR ORDER and ORDER
[1] The application for judicial review is struck out on the ground that it is in breach of Rule 302 of the Federal Court Rules, 1998, which reads:
302. Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.
302. Sauf ordonnance contraire de la Cour, la demande de contrôle judiciaire ne peut porter que sur une seule ordonnance pour laquelle une réparation est demandée.
[2] Indeed, it is clear from the application that two different complaints were made under two different statutes to the Information Commissioner of Canada (who purportedly reported to the applicants on February 27, 2001) and the Privacy Commissioner of Canada (who purportedly reported to the applicants on November 15, 2001), respectively.
[3] The applicants remain at liberty to serve and file two separate applications for judicial review of the two above-noted decisions (dated February 27, 2001 and November 15, 2001, respectively), provided they have first sought and obtained from this Court any necessary extension of time. However, no such extension of time will be required with respect to the decision made under the Privacy Act if the application for judicial review of that decision is served and filed within thirty (30) days from the date of this Order.
[4] As no costs were requested, none should be awarded.
JUDGE
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-32-02
STYLE OF CAUSE: JAYLYNN ENTERPRISES LIMITED et al. v.
THE MINISTER OF NATIONAL REVENUE
MOTION DEALT WITH IN WRITING ON MARCH 20, 2002
REASONS FOR ORDER AND ORDER OF THE HONOURABLE MR. JUSTICE PINARD DATED: MARCH 20, 2002
WRITTEN REPRESENTATIONS BY:
G. F. PHILIP ROMNEY FOR PLAINTIFF
MR. JOHN J. ASHLEY FOR DEFENDANT
SOLICITORS OF RECORD:
ROMNEY & ROMNEY FOR PLAINTIFF Bridgewater, N.S.
M. Morris Rosenberg FOR DEFENDANT Deputy Attorney General of Canada
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