PRACTICE |
Pleadings |
Motion to Strike |
Maheu v. IMS Health Canada
T-1967-01
2002 FCT 558, Hargrave P.
14/5/02
12 pp.
Motion to strike out notice of application for judicial review as abuse of process, to require applicant to post security for costs as impecunious, proceeding frivolous, vexatious--No barrier to applying r. 416, which deals with security for costs, to present application--Parties, Ronald Maheu, IMS Health Canada competitors in business of selling information, about prescriptions written by doctors, to producers of prescription drugs--Applicant Maheu, as president and chief executive officer of Pharma Communications Group Inc., alleging Privacy Commissioner erred in determining information collected, disclosed by IMS not personal information under Personal Information Protection and Electronic Documents Act--In controlling own proceedings, courts have power to prevent abuse of process through oppressive, vexatious proceedings--Concepts of frivolousness, vexatiousness, abuse intertwined, in many instances interchangeable--While apparently abusive, vexatious, frivolous to use Act to obtain competitive business advantage, in absence of decided cases bearing on scope of Act, Court not willing to strike out present pleading--From plain reading of r. 416(1)(g), IMS need not show, in absolute terms, Maheu's application in fact frivolous, vexatious-- Reason to believe applicant using Act for collateral, improper purpose, rather than for purpose set out in Act, s. 3--Act designed to regulate collection, use, disclosure of personal information generated in commercial activities-- As to ability to pay costs, if ordered, onus upon IMS to establish prima facie case applicant has insufficient assets with which to pay costs, if required--Respondent IMS clearly established reason to believe proceeding frivolous, vexatious, applicant would have insufficient assets in Canada available to pay costs of respondent--Appropriate to order security for costs--Federal Court Rules, 1998, SOR/98-106, r. 416--Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, s. 3.