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Canada Post Corp. v. Canada ( Minister of Public Works )

T-284-93

McKeown J.

27/9/93

6 pp.

Practice-Motion under Federal Court Act, s. 18.5 to strike out application for judicial review of respondent's decision allowing disclosure of information surrounding lease tender-Multiplicity of proceedings other ground for motion to strike as application for review of decision also brought by Canada Post under Access to Information Act, s. 44-Whether certain documents under physical control of Minister acting as agent for applicant Canada Post under control of Minister within meaning of Access to Information Act-"Appeal" in s. 18.5 meaning review of decision of inferior body by superior court for purpose of testing soundness of decision-S. 18.5 designed to avoid multiplicity of proceedings-Remedy under Access to Information Act, s. 44 involving review in nature of trial de novo-S. 18.5 providing effective bar to judicial review proceedings sought by applicant-Jurisdictional issues not to be dealt with separately from appeal questions-Motion granted-Access to Information Act, R.S.C., 1985, c. A-1, s. 44-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.5 (as enacted by S.C. 1990, c. 8, s. 5).

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