TORONTO — A Federal Court judge will not hear a case that calls for the auditor general to release her report on G8 spending before next week's election.

Justice Simon Noel made his ruling today, saying there is not enough time to hear the case.

Toronto's Kathleen Trotter, a 27-year-old personal trainer who is backed by the global online activist group Avaaz, filed the lawsuit in Federal Court this week.

She says Sheila Fraser's refusal to release the report on the G8 legacy infrastructure fund is preventing her from making an informed choice in Monday's federal election. She claims her Charter rights are being violated.

Earlier this month, a leaked draft copy of Fraser's report said the government had "misinformed" Parliament to get approval for some G8 spending.

Fraser's office has said the report can't be released because Parliament isn't sitting.