T-2722-96
BETWEEN:
BELL CANADA
Applicant
- and -
CANADIAN TELEPHONE EMPLOYEES ASSOCIATION,
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA, FEMMES ACTION AND
CANADIAN HUMAN RIGHTS COMMISSION
Respondents
REASONS FOR ORDER
RICHARD J.:
The CTEA has brought a motion to quash or dismiss Bell Canada's application for judicial review of the decision of the Human Rights Tribunal not to adjourn its hearing into a pay equity complaint. While there is jurisprudence that interlocutory decisions of administrative tribunals should only be subject to judicial review where there are special or exceptional circumstances, I am not satisfied that this determination should now be made on a motion to quash rather than at a hearing on the merits of the case.
Judicial review proceedings are governed by the 1600 rules which provide a strict timetable for preparation for hearing and a role for the court in ensuring there is no undue delay. Interlocutory proceedings are inconsistent with the objectives of an expeditious and summary disposition of an application for judicial review. The summary dismissal of a notice of motion will only be made in very exceptional cases.1
Accordingly, the motion to quash is dismissed.
__________________________
Judge
Ottawa, Ontario
February 21, 1997
__________________
1 Pharmacia Inc. v. Canada (Minister of National Health and Welfare) (1995), 58 C.P.R. (3d) 207 at 217.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2722-96
STYLE OF CAUSE: BELL CANADA v. CANADIAN TELEPHONE EMPLOYEES ASSOCIATION ET AL.
PLACE OF HEARING: Montréal, Québec
DATE OF HEARING: January 22, 1997
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE RICHARD
DATED:
February 21, 1997
APPEARANCES:
Mr. Rend Duval
FOR THE INTERVENOR
Mr. Royal L. Heenan
FOR THE APPLICANT
Mr. Stanley Fisher
Mr. Thomas E.F. Brady
Mr. Peter C. Englemann
FOR THE RESPONDENT
Communications, Energy and
Paperworkers Union of Canada
Mr. Larry Steinberg
FOR THE RESPONDENT
Canadian Telephone Employees
Association
SOLICITORS OF RECORD:
Canadian Human Rights Commission FOR THE INTERVENOR Ottawa, Ontario
Heenan Blaikie FOR THE APPLICANT Barristers and Solicitors
Montréal, Québec
Koskie Minsky FOR THE RESPONDENT
Barristers and Solicitors Canadian Telephone Employees
Toronto, Ontario Association
Caroline Engelmann Gottheil FOR THE RESPONDENT
Barrister and Solicitors Communications, Energy and
Ottawa, OntarioPaperworkers Union of Canada
Email this Content