Pelletier v. Canada (Attorney General), 2006 FCA 271

Date: 20060802

Docket: A-282-06

Citation: 2006 FCA 271

Present:          THE HONOURABLE MR. JUSTICE NADON

BETWEEN:

JEAN PELLETIER

Appellant

and

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

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.

Date: 20060802

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

NADON J.A.

[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.

“M. Nadon”

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.

DATED:                                                                                 August 2, 2006

WRITTEN SUBMISSIONS:

SOLICITORS OF RECORD: