Wells c. Canada ( Minister of Transport )
T-2160-92
Jerome A.C.J.
19/4/93
5 pp.
Application by Minister of Transport for order to quash applicant's notice of motion as issue raised already determined by Court, therefore res judicata -- Applicant requesting records concerning Air Ontario from Department of Transport under Access to Information Act -- Air Ontario objecting to release of information requested -- Seeking review of Department of Transport's decision to release July 1990 audit-Applicant asking Court to strike application of Air Ontario and to order immediate release of audit -- Application dismissed-Commissioner rejecting applicant's complaint to Information Commissioner concerning Department of Transport's failure to release audit upon expiry of twenty-day period provided for in Act, s. 28(4) -- Applicant requesting review of Information Commissioner's decision -- Essential elements for finding of res judicata, identity of parties, identity of subject-matter and finality of previous decision, established -- Applicant failing to appeal decision, estopped by doctrine of res judicata from pursuing matter -- Application granted -- Access to Information Act, R.S.C., 1985, c. A-1, ss. 28(4), 41.