Date: 19991203
Docket: T-494-99
Ottawa, Ontario, the 3rd day of December 1999
PRESENT: The Honourable Madame Justice Sharlow
BETWEEN:
REVEREND BROTHER WALTER A. TUCKER and
REVEREND BROTHER MICHAEL J. BALDASARO
Applicants
- and -
HER MAJESTY THE QUEEN
MS. LOIS E. PAYNE,
MS. TRICIA SINCLAR,
THE CORPORATION OF THE CITY OF GUELPH, and
THE HONOURABLE MR. JUSTICE DUNN
Respondents
ORDER AND REASONS FOR ORDER
[1] This is an appeal by the applicants against an order of the Prothonotary striking out the application on the basis that it is futile.
[2] The applicants seek judicial review of certain decisions of Mr. Justice Festeryga and Mr. Justice Dunn of the Ontario Superior Court of Justice.
[3] The only way to challenge a decision of a judge of the superior court of a province is to appeal to the appeal court of the province. The Federal Court Act does not give this Court the power to review such decisions, even on constitutional grounds.
[4] For that reason, the decision of the Prothonotary is correct and must stand. The applicants' notice of motion is dismissed with costs, which are fixed at $300.
Karen R. Sharlow
Judge