Chandran v. Canada ( Minister of Employment and Immigration )
T-2506-94
Hargrave P.
30/1/95
5 pp.
Application pursuant to R. 419(1)(a) to strike originating notice of motion as disclosing no cause of action resolvable under Privacy Act, s. 41-Originating motion seeking review of Minister's decision to release certain documents on grounds information already made public-Privacy Act, s. 41 similar to Access to Information Act, s. 41 granting power to Court to entertain only those applications by person having been refused access to record -- Powers of review pursuant to Act, s. 41 limited; relief granted only for refusal of access, not for improper disclosure -- Applicants having no chance of success as originating motion not alleging refusal to disclose documents -- R. 419(1)(a) applying to strike out pleadings as opposed to originating notice of motion -- However Court having inherent jurisdiction to strike out originating motion seeking judicial review where clearly no basis for proceeding by originating motion (Vancouver Island Peace Society v. Canada, [1994] 1 F.C. 102 (T.D.)) -- Originating notice of motion in present instance struck out as no chance of success -- Applicant having thirty days to amend proceeding so as to bring it within jurisdiction of Federal Court of Canada as set out in Act -- Federal Court Rules, C.R.C., c. 663, R. 419(1)(a) -- Privacy Act, R.S.C., 1985, c. P-21, s. 41 -- Access to Information Act, R.S.C., 1985, c. A-1, s. 41.