Mackie v. Canada ( Attorney General )
T-985-97
Hargrave P.
16/7/97
6 pp.
Motion to strike out originating notice of motion on grounds applicant has adequate alternative remedy, cannot succeed on judicial review application in Court-Applicant has availed himself of alternate remedy by filing appeal of National Parole Board's decision with Appeal Division of Board under Corrections and Conditional Release Act, s. 147(1)-Delay main reason for proceeding in Federal Court-Whether respondent can strike out originating notice of motion-Test for striking out, that is originating notice of motion must be so clearly improper as to be bereft of any possibility of success, even more stringent test than that applied in striking out action under R. 419-Convenience, expedience not test, nor whether one forum better than other-Whether forum consisting of Appeal Division of Board adequate forum under Corrections and Conditional Release Act-Jurisdiction of Appeal Board broad under Act, s. 147(1)-Adequacy of applicant's alternate remedy at issue-Faults alleged on part of Board which initially heard case clearly within statutory scope of Appeal Board-No prejudice to require applicant to complete appeal before Appeal Board under Corrections and Conditional Release Act, as precondition to coming to Court-Present judicial review proceeding futile, could not possibly succeed-Motion allowed-Federal Court Rules, C.R.C., c. 663, R. 419-Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 147(1).