ADMINISTRATIVE LAW |
Judicial Review |
Bonamy v. Canada
T-35-00
Hargrave P.
6/4/00
4 pp.
Practice--Main action for declaration defendant, in deciding not to review plaintiff's case, failed to deal in proper way with request for review of conviction pursuant to Criminal Code, s. 690--Present proceeding motion to strike statement of claim on basis Minister, in dealing with request for mercy, acted as federal board or tribunal, and declaration against federal board or tribunal may only be obtained on application for judicial review, and not by action--Motion dismissed--Case law interpreting Federal Court Rules, 1998, r. 57 as allowing conversion of action into judicial review application--Plaintiff would have to couple motion to convert action to judicial review application with application for extension of time--Not automatic or easy remedy, but possible remedy--Action therefore not plainly and obviously futile--Plaintiff given 45 days to seek time extension to commence judicial review proceedings and conversion of action into application for judicial review pursuant to r. 57--Federal Court Rules, 1998, SOR/98-106, r. 57--Criminal Code, R.S.C., 1985, c. C-46, s. 690.