Federal Court Decisions

Date: 19990324

Docket: T-1904-98

     OTTAWA, ONTARIO, WEDNESDAY, THIS 24^TH DAY OF MARCH, 1999

     BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM

BETWEEN:

     FUXING CHEN

     Applicant

     - and -

     CANADIAN SECURITY INTELLIGENCE SERVICE

     (hereinafter "CSIS")

     Respondent

         APPLICATION UNDER Section 41 of the Privacy Act for a

         review of CSIS" response to requests for information pursuant

         to section 12(1) of the Privacy Act.

     ORDER AND REASONS FOR ORDER

     This is an application by the applicant, Fuxing Chen, to vary an Order of Madame Justice Reed dated March 3, 1999.

     The applicant"s Notice of Motion is dated March 16, 1999.

     At the hearing of the Notice of Motion, counsel for the respondent informed me that the applicant has also presented, pursuant to rule 369, an application for reconsideration of Madame Justice Reed"s Order of March 3, 1999.

     An application to vary is made pursuant to rule 399(2) of the Federal Court Rules:

399. (2) Setting aside or variance - On motion, the Court may set aside or vary an order

(a) by reason of a matter that arose or was discovered subsequent to the making of the order; or

(b) where the order was obtained by fraud.

     There is no allegation of fraud being made.

     There is no evidence to indicate a matter arose or was discovered subsequent to the making of the Order by Madame Justice Reed.

     The test for this type of application is that a new matter arose after the hearing date or that a matter was discovered subsequent to the making of the Order that could not have been discovered before the making of the Order.

     All the evidence that the applicant alleges to have discovered after the making of Madame Justice Reed"s Order of March 3, 1999 was readily available to the applicant.

     The present application is dismissed.

     Counsel for the respondent asks for an Order for costs. It is submitted that unless costs are granted, the applicant, who represents himself, will continually present applications to the Court.

     I am satisfied that the present motion before the Court is frivolous. The applicant had filed an application for reconsideration which has not yet been determined.

     Costs are awarded to the respondent in the sum of $150.00 payable forthwith.

                         "Max M. Teitelbaum"                                  

                             J.F.C.C.