Drapeau v. Canada ( Minister of National Defence )
A-179-94
Hugessen, Stone JJ.A.
6/4/95
4 pp.
Appeal from Motions Judge's decision to allow judicial review application to proceed by way of action in interest of avoiding multiplicity of proceedings -- Impugned decisions, alleged to be in breach of natural justice, also said to have caused damage to plaintiff -- Appeal dismissed (Stone J.A. dissenting) -- Per Hugessen J.A.: Motions Judge not erring in considering desirability of avoiding multiplicity of proceedings -- Macinnis v. Canada (Attorney General), [1994] 2 F.C. 464 (C.A.) decision not limiting Motions Judge's discretion in cases where conversion sought on grounds other than alleged evidentiary requirements -- Federal Court Act, s. 18.4(2) not placing limits on considerations which may properly be taken into account in deciding whether or not to allow judicial review application to be converted into action -- Desirability of facilitating access to justice and avoiding unnecessary cost and delay constituting one such consideration -- Stone J.A. (dissenting): Act, s. 18.4(2) not intended to allow person seeking relief in application for judicial review to have application converted to action simply on ground applicant subsequently deciding to assert action in tort for damages arising out of same circumstances -- Purpose of Act, ss. 18.1-18.5 as a whole, to better enable Court to determine whether particular relief claimed and available only on application for judicial review, should be granted or denied -- Federal Court Act, R.S.C., 1985, c. F-6, ss. 18.1-18.5 (as enacted by S.C. 1990, c. 8, s. 5).