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Trunzo v. Stony Mountain Penitentiary

T-392-95

Rothstein J.

21/11/96

5 pp.

Applicant refusing to provide reasonable urine sample for no apparent reason-Convicted of failing and refusing to provide urine sample when demanded pursuant to Corrections and Conditional Release Act, s. 54(a)-Fined $35-Seeking judicial review of conviction-Invoking judicial system for such trivial matter close to absurd-Significant public expenditure involved in judicial review application-Applicant having no regard for burden placing on legal system, Canadian taxpayer-Court having obligation, in these circumstances, to demonstrate to applicant and to signal to potential litigants and counsel that invoking mechanism of judicial system for frivolous cases not costless-Costs of $300 awarded against applicant-Litigants, counsel warned increased awards of costs, including costs against counsel personally, possible in similar future cases-Federal Court Rules, C.R.C., c. 663, R. 1618 (as am. by SOR/92-43, s. 19)-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 54(a).

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