Canadian Air Traffic Control Association v. Nav Canada, docket A-367-98

Date: 19980703

Docket: A-367-98

PRESENT:    THE HONOURABLE MR. JUSTICE MARCEAU

BETWEEN:

                  CANADIAN AIR TRAFFIC CONTROL ASSOCIATION

                                                                                                                    Applicant

                                                             - and -

                                                     NAV CANADA

                                                                                                               Respondent

                                            REASONS FOR ORDER

                           (Delivered from the Bench at Ottawa, Ontario,

                                              on Friday, July 3, 1998)

[1]         In my view, this application for a stay of an order of the Canada Labour Relations Board cannot be granted.

[2]         The first reason is that it raises a question of jurisdiction: the decision to be stayed is not before the Court for review, its validity is not being disputed and is not even disputable, having been obtained by consent. Counsel for the applicant suggested that the order to be stayed is the order as filed with the Court as opposed to the order not filed, but I fail to fully understand the distinction.

[3]         The other reason is that, regardless of the question of jurisdiction, I cannot accept counsel's contentions with respect to the possibility of irreparable harm if the stay is not ordered nor his argument concerning the question of the balance of convenience in the circumstances of the case. I see no reason to believe that the mere fact of bringing the Board's order one step closer to enforcement by filing it with the Court could so radically change its effect that it could now be used as a means of intimidating the employees and depriving them of their legitimate rights.

[4]         The application will be dismissed with costs.

                                                                                                       "Louis Marceau"                        

                                                                                                                             J.A.

FEDERAL COURT OF CANADA APPEAL DIVISION

NAVIES OF SOLICITORS AND SOLICITORS ON THE RECORD

DOCKET:                                    A-367-98

STYLE OF CAUSE:Canadian Air Traffic Control Association v. NAV Canada

PLACE OF HEARING:              OTTAWA, ONTARIO

DATE OF HEARING:                 July 3, 1998

REASONS FOR JUDGMENT OF THE COURT: ( Marceau JA.) DELIVERED FROM THE BENCH BY: Marceau J.A. APPEARANCES:

Mr. Sean McGee                                                                    FOR THE APPLICANT

Mr. John A. Coleman                                                             FOR THE RESPONDENT Ms. Pat Brethour

SOLICITORS OF RECORD:

Nelligan Power                                                                       FOR THE APPLICANT Ottawa , Ontario

Ogilvy Renault                                                                         FOR THE RESPONDENT Montréal, Québec

Ms. Pat Brethour                                                                    FOR THE RESPONDENT NAV CANADA

Ottawa, Ontario