PRACTICE |
Pleadings |
Motion to Strike |
Professional Institute of the Public Service of Canada v. Canada (Customs and Revenue Agency)
T-598-00
2002 FCT 119, O'Keefe J.
30/1/02
15 pp.
Appeal from Prothonotary's order dismissing motion to strike out notice of application--Canada Customs and Revenue Agency appellant herein, respondent in main action --Originating application seeking declaration Agency failed to develop program for staffing recourse contrary to Canada Customs and Revenue Agency Act, s. 54(1), for mandamus requiring Agency to implement staffing recourse system in accordance with requirements of provision--Law followed by Court when reviewing appeals from discretionary decision of Prothonotary set out by F.C.A. in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425--Motion raising "question vital to the final issue of the case"--Court must exercise discretion de novo--Prothonotary finding justiciable issue with respect to recourse policy implemented by appellant--Application may be summarily dismissed by Court but very high threshold set for such dismissal--Motion to summarily dismiss application not allowed--Application for mandamus requiring Agency to implement staffing recourse system dismissed--Standing not matter which should be determined on preliminary motion such as present motion--Agency's appeal of Prothonotary's order to dismiss motion to dismiss application for timeliness dismissed--Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, s. 54.