PRACTICE
Pleadings
Motion to Strike
Motion to strike out plaintiff’s statement of claim and dismiss action—Defendant claiming Court without jurisdiction to hear action, given that since Canada v. Tremblay, [2004] 4 F.C.R. 165 (F.C.A.), plain and obvious right of action against July 7, 1999 decision existing only to degree decision first declared unlawful pursuant to judicial review—Plaintiff appointed September 9, 1989 to position within Canadian Security Intelligence Service (CSIS)— Plaintiff dismissed July 7, 1999 by CSIS director—Plaintiff arguing that this decision unlawful on ground CSIS director did not have all relevant and adequate information otherwise available—Analysis of Tremblay and Vaughan v. Canada, [2005] 1 S.C.R. 146—Tremblay not overriding Zarzour v. Canada, [2000] F.C.J. No. 2070 (C.A.) (QL)— Vaughan not clearly barring plaintiff’s proceeding—Motion dismissed.
Tremblay v. Canada (T‑2079‑01, 2005 FC 473, Morneau P., order dated 8/4/05, 11 pp.)