Butterfield v. Canada (Attorney General), 2005 FC 19

Date: 20050111

Docket: T-5-05

Citation: 2005 FC 19

BETWEEN:

                                                         AIDAN BUTTERFIELD

                                                                                                                                            Applicant

                                                                           and

                                             ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

PINARD J.

[1]                Upon motion by the Applicant for an Order staying, pending disposition of the underlying application for judicial review, the December 8, 2004 decision of the Transportation Appeal Tribunal of Canada ("TATC") to suspend for a period of seventeen days Private Pilot Licence No. 153915;

[2]                Upon hearing the Applicant and counsel for the Respondent; and

[3]                Upon reading the material filed;

[4]                The motion is dismissed on the ground that the Applicant has failed to establish that he will suffer irreparable harm if the requested stay is not granted.

[5]                Indeed, the irreparable harm that must be established before a stay can be granted must occur between the time of the motion for the stay and the date of hearing of the application for judicial review (see Lake Petitcodiac Preservation Association v. Canada (1998) 149 F.T.R. 218 at 225, 226). Neither the Applicant's solemn declaration nor the written representations submitted in support of this motion for a stay provide any evidence of irreparable harm during the relevant time period. In fact, the Applicant has effectively conceded that irreparable harm is non-existent, as it appears from paragraph 12 of his solemn declaration:

12.           As with the majority of holders of licences in the class of which document No. 513915 is a member, a seventeen-day suspension of the licence is, in itself, a matter of little consequence to me. Since issuance of the Notice of Suspension, there have been at least 8 discrete and non-overlapping contiguous seventeen-day periods during which I have not exercised any of the rights and/or privileges conferred by a private pilot's licence.

[6]                The motion is, therefore, dismissed, with costs.

(Sgd.) "Yvon Pinard"

        Judge

                                     FEDERAL COURT

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                  T-5-05

STYLE OF CAUSE: Aidan Butterfield v Attorney General of Canada

PLACE OF HEARING:                                 Vancouver BC

DATE OF HEARING:                                   January 10^th, 2005

REASONS FOR ORDER:                           Pinard J.

DATED:                     January 11, 2005

APPEARANCES:

Aidan Butterfield                                                FOR APPLICANT

George Carruthers                                             FOR RESPONDENT

SOLICITORS OF RECORD:

John H. Sims, Q.C.                                           FOR RESPONDENT

Deputy Attorney General of Canada