Federal Court of Appeal Decisions

Decision Information

Chrétien v. Canada (Attorney General)

Court (s) Database Federal Court of Appeal Decisions
Date 2006-08-02
Neutral citation 2006 FCA 272
File numbers A-281-06

Decision Content

Date: 20060802

Docket: A-281-06

Citation: 2006 FCA 272

 

Present:          NADON J.A.

 

BETWEEN:

THE RIGHT HONOURABLE JEAN CHRÉTIEN

Appellant

and

THE HONOURABLE JOHN H. GOMERY, IN HIS QUALITY AS EX-COMMISSIONER

OF THE COMMISSION OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND

ADVERTISING ACTIVITIES

 

THE ATTORNEY GENERAL OF CANADA

Respondents

 

 

 

 

Dealt with in writing without appearance of parties.

 

Order delivered at Ottawa, Ontario, on August 2, 2006.

 

 

 

REASONS FOR ORDER BY:                                                                                      NADON J.A.

 

Date: 20060802

Docket: A-281-06

Citation: 2006 FCA 272

Present:                NADON J.A.

 

BETWEEN:

THE RIGHT HONOURABLE JEAN CHRÉTIEN

Appellant

and

THE HONOURABLE JOHN H. GOMERY, IN HIS QUALITY AS EX-COMMISSIONER

OF THE COMMISSION OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND

ADVERTISING ACTIVITIES

 

THE ATTORNEY GENERAL OF CANADA

Respondents

 

 

REASONS FOR ORDER

NADON J.A.

 

[1]                 The respondent, The Honourable John H. Gomery, seeks to stay the execution of the Order rendered by Mr. Justice Teitelbaum of the Federal Court on June 9, 2006.

 

[2]                 After reviewing the material submitted by the respondent and after consideration of his written submissions, I am satisfied that the tri-part test enunciated by the Supreme Court of Canada in R.J.R. MacDonald v. Canada (A.G.), [1994] 1 S.C.R. 311, has been met, i.e. the appeal raises a serious question, irreparable harm will result if the stay is not granted and, in the circumstances, the balance of convenience favours the respondent.

 

[3]                 As a result, the motion will be allowed and the execution of the judgment of the Federal Court dated June 9, 2006, will be stayed until such time as this Court disposes of the appeal.

[4]               There will be no order as to costs.

 

 

“M. Nadon”

J.A.

 

 

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-281-06

 

STYLE OF CAUSE:                                                              The Hon. Jean Chrétien v. A.G.C. et al

 

 

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

 

 

REASONS FOR ORDER BY:                                             NADON J.A.

 

DATED:                                                                                 August 2, 2006

 

 

WRITTEN REPRESENTATIONS BY:

 

Jean-Sébastien Gallant

FOR THE APPELLANT

 

Raynold Langlois, Q.C., CIRC

Marie Cossette

Marie-Geneviève Masson

 

FOR THE RESPONDENT, JOHN H. GOMERY

 

 

SOLICITORS OF RECORD:

 

Borden Ladner Gervais, LLP

Ottawa, ON

 

FOR  THE APPELLANT

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

Ottawa, ON

 

Langlois Kronstrôm Desjardins, LLP

Montreal, QC

FOR THE RESPONDENT, ATTORNEY GENERAL OF CANADA

 

FOR THE RESPONDENT, JOHN H. GOMERY

 

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