Krause v. Canada
T-2446-97
Tremblay-Lamer J.
25/2/98
15 pp.
Motion to strike applicants' originating notice of motion for not complying with R. 1602-In cross-motion, applicants arguing application for judicial review based on repeated, ongoing violation of respondent's duty-In originating notice of motion, applicants alleged respondent contravenes provisions of Public Service Superannuation Act (PSSA), Canadian Forces Superannuation Act (CFSA) in administering Public Service Superannuation Account (PSS Account) and Canadian Forces Superannuation Account (CFS Account)-PSSA, CFSA establish pension plans for certain public sector employees-Both statutes require establishment of Superannuation Accounts-Amortization process of gains or losses accomplished through separate account called "Allowance for Pension Adjustments Account" (APAA)-Account established in 1989-1990 fiscal year-Court having inherent jurisdiction to strike originating notice of motion-Court's discretion to be exercised only in clearest of cases where motion so clearly improper bereft of any chance of success-Applicants' originating notice of motion allegedly filed outside 30-day limit required by Federal Court Act, s. 18.1(2)-Initial decision taken when APAA first created in 1989-1990 fiscal year-Practice of amortizing surplus commenced in 1993-1994-To accept there is "new" decision every year would open door to "floodgate" of judicial review applications-Affected party could file originating notice of motion every time federal board takes action based on initial decision-Decision to amortize surplus communicated to affected parties by publication in Public Accounts of Canada-Application for judicial review untimely-Applicants have not offered explanation for delay to proceed other than ongoing nature of practice giving rise to present proceeding-No ongoing process-Motion for extension of time denied-Motion to strike out applicants' originating notice of motion granted, crossmotion dismissed-Public Service Superannuation Act, R.S.C., 1985, c. P-36-Canadian Forces Superannuation Act, R.S.C., 1985, c. C-17-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5)-Federal Court Rules, C.R.C., c. 663, R. 1602 (as enacted by SOR/92-43, s. 19).