Mariève Sirois-Vaillancourt

The Attorney General of Canada brought a motion to strike out an application for judicial review filed by Ari Ben Menashe.

The applicant sought mandamus to compel the Financial Consumer Agency of Canada and the Department of Finance to investigate the Royal Bank of Canada for refusing to open a bank account.

The Federal Court partially granted the motion, striking out references to the Minister of Finance but allowing the application to proceed against the Agency.

The applicant sought judicial review of the federal government's policy requiring COVID-19 vaccination for public servants, alleging the SARS-CoV-2 virus does not exist.

The respondent brought a motion to strike the application.

The Court took judicial notice of the existence of the SARS-CoV-2 virus, finding it to be a notorious and indisputable fact.

As the applicant's central premise contradicted a judicially noticed fact, the application was found to be bereft of any possibility of success and was struck.