|
By the time this application for judicial review of decisions pertaining to administrative segregation and involuntary transfer reached the Court, the issue was moot. Reed J. nevertheless considered the Trial Division decision of Zubi v. Her Majesty The Queen (1993), 71 F.T.R. 168, and stated that that case did not stand for the proposition that it is necessary to pursue a claim of damages by first completing a judicial review proceeding. Rather, Zubi set out that when part of the relief being sought was a declaration that a tribunal or board decision was invalid, that declaration must be sought by way of judicial review. An action for damage has always been and remains an independent course of action. Where one seeks to set aside an existing transfer (or segregation) decision, such that, if granted, the individual is transferred back to the position he was in before the decision was made, then the remedy must be sought by way of judicial review.
|
TOP