Bremsak v. The Professional Institute of the Public Service of Canada, 2011 FCA 258

Date: 20110919

Docket: A-160-11

Citation: 2011 FCA 258

CORAM:       NOËL J.A.

                        PELLETIER J.A.

                        DAWSON J.A.

BETWEEN:

IRENE BREMSAK

Appellant

and

THE PROFESSIONAL INSTITUTE OF THE

PUBLIC SERVICE OF CANADA ET AL.

Respondent

Heard at Vancouver, British Columbia, on September 19, 2011.

Judgment delivered from the Bench at Vancouver, British Columbia, on September 19, 2011.

REASONS FOR JUDGMENT OF THE COURT BY:                                             PELLETIER J.A.

Date: 20110919

Docket: A-160-11

Citation: 2011 FCA 258

CORAM:       NOËL J.A.

                        PELLETIER J.A.

                        DAWSON J.A.

BETWEEN:

IRENE BREMSAK

Appellant

and

THE PROFESSIONAL INSTITUTE OF THE

PUBLIC SERVICE OF CANADA ET AL.

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on September 19, 2011)

PELLETIER J.A.

[1]               This appeal, from a decision reported at 2011 FC 406, is unusual in that both the appellant and the respondent seek the same relief, namely that the stay imposed by the application judge be set aside and that the matter be returned to him for a decision based on the record before him.

[2]               While a judge has inherent jurisdiction to control the process before him, and inherent jurisdiction to adjourn or stay a proceeding, that discretion must be exercised judicially, with regard to the potential prejudice caused by the adjournment or stay.  Here, the application judge failed to consider the prejudice caused to the alleged contemnor, which is entitled to prompt resolution of the allegations against it, based on the evidence the parties chose to put before the Court.

[3]               Consequently, the appeal will be allowed, the stay imposed by the application judge will be set aside, and the matter will be returned to him for a decision on the basis of the record before him.

                                                                                                                   “J.D. Denis Pelletier”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                            A-160-11

STYLE OF CAUSE:                                            IRENE BREMSAK V. THE PROFESSIONAL

                                                                              INSTITUTE OF THE PUBLIC SERVICE OF

                                                                              CANADA ET AL.

PLACE OF HEARING:                                      Vancouver, British Columbia

DATE OF HEARING:                                        September 19, 2011

REASONS FOR JUDGMENT                          NOËL J.A.

OF THE COURT BY:                                         PELLETIER J.A.

                                                                              DAWSON J.A.

DELIVERED FROM THE BENCH BY:          PELLETIER J.A.

APPEARANCES:

SOLICITORS OF RECORD: