Coderre v. Canada (Office of the Information Commissioner)

Coderre v. Canada (Office of the Information Commissioner)

Writ of mandamus denied because applicants failed to establish a clear right to performance: the Commissioner did not refuse to act, investigations were ongoing and lawful under the AIA, delays were reasonable given statutory process, empirical benchmarks and complexity, and mandamus would improperly short-circuit...

Source-derived case information.

Citation
2015 FC 776
Parties
Applicant: Roger Coderre; Applicant: Madeleine Coderre; Applicant: Jocelyn Coderre; Applicant: Richard Coderre; Applicant: St-Germain Transport Ltée; Applicant: Les Immeubles S.G.T. Ltée; Applicant: Gestion S.G.T. Ltée; Respondent: The Information Commissioner of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 June 2015
Procedural Posture
Judicial Review (application for Writ of Mandamus) / Final Judgment on Merits (federal Court)
Outcome
Application for judicial review dismissed; writ of mandamus refused
Legal Topics
Mandamus, Unreasonable Delay, Investigatory Powers, Confidentiality, Access to Information Act Procedure
Source Language
english
Administrative Law Access to Information Law Judicial Review Tax Law Mandamus Unreasonable Delay Investigatory Powers Confidentiality +1 more

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Parties

Roger Coderre

Applicant

Madeleine Coderre

Applicant

Jocelyn Coderre

Applicant

Richard Coderre

Applicant

St-Germain Transport Ltée

Applicant

Les Immeubles S.G.T. Ltée

Applicant

Gestion S.G.T. Ltée

Applicant

The Information Commissioner of Canada

Respondent

Procedural Posture

Judicial Review (application for Writ of Mandamus) / Final Judgment on Merits (federal Court)

Legal Issues

  1. 1 Whether a writ of mandamus should issue ordering the Information Commissioner to provide investigation reports
  2. 2 Whether the Commissioner has unreasonably delayed or refused to perform her statutory investigatory/reporting duties under the AIA
  3. 3 Whether applicants have an adequate alternative remedy and satisfied Apotex mandamus criteria

Ratio Decidendi

Writ of mandamus denied because applicants failed to establish a clear right to performance: the Commissioner did not refuse to act, investigations were ongoing and lawful under the AIA, delays were reasonable given statutory process, empirical benchmarks and complexity, and mandamus would improperly short-circuit the statutory two-tier review scheme.

Court Disposition

Application for judicial review dismissed; writ of mandamus refused

Orders

  • Application for judicial review and writ of mandamus dismissed with costs against the applicants