T-2225-96
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IN THE MATTER OF an application pursuant to section 41 of the Access to Information Act, 1985, Chapter A-1, (The "Act") for review to the Federal Court of Canada of the refusal by the head of Access to Information and Privacy to disclose records requested by John J. Vieaux, P.Eng., by access request of November 16th, 1995 under the Act. |
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BETWEEN:
JOHN J. VIEAUX, P.ENG.
Applicant,
- and -
THE MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Respondent
REASONS FOR ORDER
ROTHSTEIN, J.:
This application under the Access To Information Act is
misconceived. The jurisdiction of the Court under the Act is to order the government to disclose information it has refused to disclose if the Court finds the refusal is unjustified. However in this case the Applicant does not ask the Court to order disclosure of information which the government has refused to disclose.
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It seems the Applicant is dissatisfied with the way in which a contractor was dealt with by the Department of Public Works in respect of a certain construction project. The appropriate recourse is for the contractor or its successors to take proceedings against the government for breach of contract, misrepresentation or whatever cause of action may be available to them. There was a suggestion that such action had been commenced but there was difficulty in pursuing the matter because of a lack of funds. Be that as it may proceedings under the Access to Information Act are no substitute.
The application is dismissed.
"M. Rothstein"
Judge
Calgary, Alberta
March 4, 1997
T-2225-96
IN THE MATTER OF an application pursuant to section 41 of the Access to Information Act, 1985, Chapter A-1, (The "Act") for review to the Federal Court of Canada of the refusal by the head of Access to Information and Privacy to disclose records requested by John J. Vieaux, P.Eng., by access request of November 16th, 1995 under the Act.
BETWEEN:
JOHN J. VIEAUX, P.ENG.
Applicant,
- and -
THE MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Respondent
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REASONS FOR ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON RECORD
| COURT FILE NO.: T-2225-96 |
| STYLE OF CAUSE: JOHN J. VIEAUX, P.ENG. |
v. THE MINISTER OF PUBLIC
WORKS AND GOVERNMENT
| PLACE OF HEARING: Calgary, Alberta |
| DATE OF HEARING: March 4, 1997 |
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE ROTHSTEIN
APPEARANCES:
Mr. John Vieaux for the Applicant
| Mr. James N. Shaw for the Respondent |
SOLICITORS OF RECORD:
Mr. John Vieaux for the Applicant
Calgary, Alberta
George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondent
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