Adams v. Canada ( Commissioner of the Royal Canadian Mounted Police )
A-635-93
Strayer J.A.
21/3/95
10 pp.
Appeal from Trial Division's order dismissing application to remove appellants except Attorney General of Canada, as parties respondent, except for removal of three personally named respondents -- RCMP Adjudication Board holding in camera hearing in respect of disciplinary charges against respondent -- Respondent filing originating notice of motion, attacking several decisions and actions said to have been taken by certain appellants -- Trial Judge determining who could be parties in action, what issues could be raised in statement of claim -- Order under appeal relating to definition of proper parties, issues to be included in pleadings -- Trial Judge at liberty to determine, by common law principles and rules applicable to actions, whether any or all of appellants properly named as respondents or defendants in judicial review proceedings now converted into action -- No applicable rules to exclude automatically any of appellants as defendants in judicial review action -- Whether statement of claim could disclose reasonable cause of action against appellants -- RCMP Commissioner should remain party -- No basis in originating notice of motion for Assistant Commissioner Holmes being party -- Basis for Superintendent Craig, Adjudication Board as such being parties -- Trial Judge's order varied by striking from proceedings issue described in paragragh 2 of originating notice of motion -- Appeal allowed in part.