PRACTICE |
Pleadings |
Motion to Strike |
Black v. NsC Diesel Power Inc. Estate (Trustee of)
T-610-99
MacKay J.
29/5/00
12 pp.
Main action application mandamus directing Superintendent and Official Receiver to comply with Bankruptcy and Insolvency Act--Superintendent of Bankruptcy, as statutory intervener, moving to strike proceeding on various grounds--Applicant, shareholder and officer of bankrupt company and its parent company, has already brought number of proceedings objecting to conduct of Superintendent regarding administration of bankruptcy--Application for judicial review struck as vexatious, abuse of process and circumstances alleged in notice of application insufficient to support order of mandamus--All previous mandamus applications arising from same matter dismissed--To initiate new proceedings for previously denied relief, joining others as named applicants, without authority or leave of Court, vexatious--Furthermore, repeated attempts by applicant to litigate essentially same dispute, by naming slightly different parties, or applying in different capacities and relying on slightly different statutory provisions, when earlier attempts have failed, also constitute abuse of process--While Federal Court Rules, 1998, r. 221(1)(f) applies to actions, not applications for judicial review, inherent jurisdiction in Court to strike originating document in application for judicial review, at least in case where proceedings initiated by originating motion constitute abuse of process--Originating application struck--Even if proceeding not deemed abuse of process, mandamus would not be issued herein: nowhere in cited provisions does Superintendent or Receiver have affirmative duty to act in way demanded by applicant--Applicant may not file any future application except in his personal capacity to represent his own interests--Any further attempt for similar relief as here sought, if unsuccessful, may well warrant order restricting any application by applicant for relief against Superintendent to situations where he first has applied for and received leave of Court to file application--Federal Court Rules, 1998, SOR/98-106, r. 221(1)(f)--Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 (as am. by S.C. 1992, c. 27, s. 2).