Munzel v. Canada
T-1045-98
Hargrave P.
17/8/98
8 pp.
Motion to strike out action for lack of standing, statement of claim scandalous, frivolous, vexatious, abuse of process of Court-Plaintiff, pensioner of chartered bank, arguing Income Tax Act, Pension Benefits Standards Act improperly and unconstitutionally allow employers not only to withhold pension fund contributions, but also allow employers to remove actuarial determined surplus money from pension funds-Plaintiff's concern underfunding of pension plans by reason of improper actuarial forecasting-Unlikely plaintiff will benefit from any declaration, by reason of age, health, although wife could conceivably be affected-In order to bring claim to courts, person must be affected, aggrieved, otherwise have interest sufficient to engage assistance of courts-No individual can, on own initiative, come to courts and sue on own behalf unless to protect private rights or contest right asserted against him by another person-Plaintiff's private legal rights neither threatened nor breached-Mere distaste for legislation, general interest in testing legislation not enough to obtain ruling on validity of legislation-Plaintiff not establishing genuine interest-Other reasonable, effective ways to bring issue to courts-No evidence to show complete absence of individuals with standing who are unable to bring own claims-Plaintiff with action that stands even small chance of success not to be deprived of day in court-Plaintiff's action, by reason of lack of standing, futile-Struck out without leave to amend-Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1-Pension Benefits Standards Act, R.S.C., 1985, c. P-7 (as repealed by R.S.C., 1985 (2nd Supp.), c. 32, s. 42).