4 total
Appellant's motion to amend Notice of Appeal dismissed for lacking a reasonable prospect of success.
The appellant brought a motion to amend its Notice of Appeal under Rule 75 of the Federal Court Rules.
The respondent requested that the motion be dismissed and the Notice of Appeal be struck.
The Court dismissed the motion to amend, finding the appellant failed to establish a reasonable prospect of success due to bald statements and prior jurisprudence regarding administrative delegation.
The Court also denied the respondent's request to strike the Notice of Appeal, as the high threshold was not met.
Costs of $800 were awarded to the respondent.
Judicial review application regarding an ATIA request dismissed as moot and premature.
The applicant sought judicial review regarding an access to information request to the RCMP.
The respondent brought a motion to strike the application on the basis that it was either moot or premature.
The Court found that regarding the exemption issue, the RCMP had provided unredacted copies of the records, rendering the application moot.
Regarding the issue of whether a reasonable search was conducted, the Office of the Information Commissioner had not yet issued a report on the new complaint, making the application premature.
The respondent's motion to strike was granted and the application was dismissed.
Privacy Act review application dismissed as moot and premature due to disclosure and missing report.
The applicant sought review of Correctional Service Canada's failure to timely disclose personal information requested under the Privacy Act.
After the application was filed, the institution completed the disclosure, heavily redacting records based on statutory exemptions.
The Federal Court dismissed the application as both moot, since the records had been disclosed, and premature, because the applicant had not obtained a report from the Privacy Commissioner regarding the newly claimed exemptions before seeking judicial review.
Judicial review of access refusal based on non-existent records dismissed for lack of evidence.
The applicant sought judicial review of a decision by the Correctional Service of Canada (CSC) that no records existed in response to her access to information request.
The request concerned the circumstances surrounding an undated and unsigned written statement provided to her during a human rights complaint proceeding.
After the Court directed CSC to produce an affidavit of ancillary documents, the evidence demonstrated how CSC came into possession of the statement without generating records responsive to the request.
Finding no evidence beyond mere suspicion that the requested records exist, the Court dismissed the application for judicial review without costs.
