Date: 20001219
Docket: T-1729-00
BETWEEN:
DYNAMEX CANADA INC., having a place of business at 244
Cree Crescent, Winnipeg, Manitoba, R3J 3W1, and its head office
at 2630 Skymark Avenue, Suite 610, Mississauga, Ontario, L4W 5A4
Applicant
- and -
ADELE VICTORIA MAMONA
19-225 Tyndall Avenue
Winnipeg (Manitoba) R2R 0Z3
RANDOLPH WILLIAM HEPNER
Box 10, Grp 7, RR#1
Winnipeg (Manitoba) R3J 3W1
ROBERT PHILIP CYR
421 Strathmillan Road
Winnipeg (Manitoba) R3J 2V8
Respondents
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an application on behalf of the applicant made in writing under Rule 369 of the Federal Court Rules, 1998, for an appeal in respect of the decision of Ms. Roza Aronovitch, Prothonotary, issued on November 13, 2000, dismissing without costs the motion of Dynamex for a stay of execution in respect of the decision of J.F.R. Taylor, referee, under Part III of the Canada Labour Code, R.S.C., 1985, c. L-2, issued on August 9, 2000, ordering that the funds currently held in trust by Human Resources Development Canada (HRDC) for the respondents, Adele Victoria Mamona, Randolph William Hepner and Robert Philip Cyr, pursuant to orders of inspector Karen Exell, be disbursed to them upon the expiry of thirty days immediately following the receipt of the decision, until this Honourable Court renders its decision on the application for judicial review filed by the applicant on September 15, 2000.
[2] I have carefully reviewed the written submissions by both parties.
[3] To succeed, the applicant shall demonstrate to the Court that there is a serious issue to be tried, that the applicant will suffer an irreparable harm if the stay is not granted and that the balance of convenience favours the applicant.
[4] In my view, the applicant failed to provide evidence that any harm that could be suffered by the applicant cannot be adequately compensated by damages. Just suggesting a risk is not enough to constitute irreparable harm.
[5] Therefore, there is no valid reason to review the decision of Prothonotary Aronovitch.
[6] The appeal of the decision of Prothonotary Aronovitch is dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
December 19, 2000
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