Mundle v. Canada
T-1759-94
Strayer J.
16/9/94
11 pp.
Application for stay or interlocutory injunction to prevent defendants from taking action to require plaintiff to report for duty or to punish him for not reporting for duty, until after determination of plaintiff's action-Plaintiff entering Medical Officer Training Plan of Canadian Armed Forces -- Statement of understanding providing final three years and nine months of training to be paid by Forces, plaintiff to serve for three years as medical officer immediately following internship -- Plaintiff intending to pursue career in obstetrics, gynaecology -- Licensing requirements for medical practice in Canada changed by professional governing bodies during academic year 1991-92 -- Graduates of medical school required to complete two years of post-graduate training (instead of one) in order to obtain licence to practice medicine and to continue post-graduate training in specialty immediately -- Forces not offering post-graduate training vacancies for obstetrics, gynaecology to begin in 1992 -- Plaintiff granted one year leave without pay -- Application for further three-year leave of absence without pay refused -- Redress of grievance denied -- Failure to report for basic officer training in British Columbia, Nova Scotia -- Stay or injunction denied as plaintiff raising no serious issue -- Relief sought can only be obtained in judicial review proceedings -- Injunction may not be granted against Crown under Crown Liability and Proceedings Act, s. 22 -- Judicial review under Federal Court Act, s. 18 not proceeding against Crown-Parliament not intending to abolish, by Crown Liability and Proceedings Act, s. 22, right to injunction under Federal Court Act, s. 18 -- Injunction, stay in nature of injunction can be sought against servants of federal Crown in course of judicial review, not otherwise -- Injunctive relief cannot be obtained against Crown or servant of Crown in course of action against Crown -- Order directing plaintiff be granted voluntary release from Canadian Armed Forces effective July 4, 1994 denied -- No obligation on part of defendant to release plaintiff -- Circumstances alleged by plaintiff as to denial of opportunity to pursue training, career of his choice not amounting to violation of principles of fundamental justice -- Injustice perceived by plaintiff arising out of changes made by relevant medical governing bodies as to length of time required for training -- Critical decisions not taken by defendants-Grievance procedure not yet completed -- Application dismissed-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 22 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18 (as am. by S.C. 1990, c. 8, s. 4).