ADMINISTRATIVE LAW |
Judicial Review |
Ross v. Canada (Warden of Bowden Institution No. 2)
T-2063-01
2002 FCT 360, Martineau J.
28/3/02
5 pp.
Motion to dismiss judicial review application on basis relief not possible pursuant to Federal Court Act, s. 18.1(3)-- Applicant contesting validity of decision rendered by respondents acting as "federal board, commission or other tribunal" having effect of reducing applicant's pay in retroactive fashion, and leading to rejection of applicant's grievance contesting reduction--Respondents simply question authority of Court pursuant to Federal Court Act, s. 18.1(3) to award damages--Motion dismissed--Applicant's originating notice of application not so clearly improper as to be bereft of any possibility of success: David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (C.A.)--Although applicant indicating will seek lost pay of $3.30 per day, and treble damages, nothing permitting Court to infer not also claiming any available relief under Act, s. 18.1(3)--In fact, applicant apparently also questioning validity of impugned decision--Therefore, ultimate adequacy of allegations and grounds of review invoked by applicant should be referred to judge hearing application on merits--Ancillary questions of "relief" Court would order and of determining if applicant in fact requesting "damages", which may be debatable issues, will be better dealt with, if necessary, at hearing of application for judicial review itself--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(3) (as enacted by S.C. 1990, c. 8, s. 5).