Present: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
and
and
THE HONOURABLE JOHN H. GOMERY,
IN HIS CAPACITY AS FORMER COMMISSIONER OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND ADVERTISING ACTIVITIES
Respondents
Motion in writing decided without appearance by the parties.
Order made at Ottawa, Ontario, on August 2, 2006.
REASONS FOR ORDER BY: NADON J.A.
Docket: A-282-06
Citation: 2006 FCA 271
Present : THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
JEAN PELLETIER
Appellant
and
THE ATTORNEY GENERAL OF CANADA
AND
THE HONOURABLE JOHN H. GOMERY,
IN HIS CAPACITY AS FORMER COMMISSIONER OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND ADVERTISING ACTIVITIES
Respondents
REASONS FOR ORDER
[1] The respondent, the Honourable Mr. Justice John H. Gomery, presented a motion to stay an order made by Mr. Justice Teitelbaum of the Federal Court on June 9, 2006.
[2] After considering the written submissions of the respondent and the exhibits filed in support of his motion, I come to the conclusion that the tests set out by the Supreme Court in R.J.R. MacDonald v. Canada (A.G.C.), [1994] 1 S.C.R. 311, have been met.
[3] First of all, I am of the opinion that the appeal involves a serious issue. Secondly, I am satisfied that the respondent will sustain irreparable harm if the motion to stay is not granted. Finally, I am satisfied that the balance of convenience is in favour of the respondent.
[4] For these reasons, the motion will be granted, and execution of the order of the Federal Court dated June 9, 2006 will be stayed until this Court disposes of the appeal.
[5] In the circumstances, there is no order as to costs.
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-282-06
STYLE OF CAUSE: Pelletier v. A.G.C. et al.
WRITTEN MOTION DECIDED WITHOUT THE APPEARANCE OF THE PARTIES
REASONS FOR JUDGMENT BY: NADON J.A.
WRITTEN SUBMISSIONS:
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Marie Cossette Marie-Geneviève Masson
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FOR THE RESPONDENT, JOHN H. GOMERY
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SOLICITORS OF RECORD: