Date: 20060802
Docket: A-281-06
Citation: 2006 FCA
272
Present: NADON J.A.
BETWEEN:
THE
RIGHT HONOURABLE JEAN CHRÉTIEN
Appellant
and
THE HONOURABLE JOHN H. GOMERY,
IN HIS QUALITY AS EX-COMMISSIONER
OF THE COMMISSION OF INQUIRY INTO THE
SPONSORSHIP PROGRAM AND
ADVERTISING ACTIVITIES
THE ATTORNEY GENERAL OF CANADA
Respondents
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on August 2, 2006.
REASONS
FOR ORDER BY: NADON
J.A.
Date: 20060802
Docket:
A-281-06
Citation: 2006 FCA 272
Present: NADON J.A.
BETWEEN:
THE
RIGHT HONOURABLE JEAN CHRÉTIEN
Appellant
and
THE HONOURABLE JOHN H.
GOMERY, IN HIS QUALITY AS EX-COMMISSIONER
OF THE COMMISSION OF
INQUIRY INTO THE SPONSORSHIP PROGRAM AND
ADVERTISING ACTIVITIES
THE
ATTORNEY GENERAL OF CANADA
Respondents
REASONS
FOR ORDER
NADON
J.A.
[1]
The respondent, The Honourable John H. Gomery,
seeks to stay the execution of the Order rendered by Mr. Justice Teitelbaum of
the Federal Court on June 9, 2006.
[2]
After reviewing the material submitted by the
respondent and after consideration of his written submissions, I am satisfied
that the tri-part test enunciated by the Supreme Court of Canada in R.J.R.
MacDonald v. Canada (A.G.), [1994] 1 S.C.R. 311, has been met, i.e. the
appeal raises a serious question, irreparable harm will result if the stay is
not granted and, in the circumstances, the balance of convenience favours the
respondent.
[3]
As a result, the motion will be allowed and the
execution of the judgment of the Federal Court dated June 9, 2006, will be
stayed until such time as this Court disposes of the appeal.
[4]
There will
be no order as to costs.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-281-06
STYLE OF
CAUSE: The
Hon. Jean Chrétien v. A.G.C. et al
MOTION DEALT WITH IN WRITING WITHOUT
APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
DATED: August 2, 2006
WRITTEN REPRESENTATIONS BY:
|
Jean-Sébastien
Gallant
|
FOR THE APPELLANT
|
|
Raynold
Langlois, Q.C., CIRC
Marie Cossette
Marie-Geneviève Masson
|
FOR THE RESPONDENT, JOHN H. GOMERY
|
SOLICITORS OF RECORD:
|
Borden Ladner
Gervais, LLP
Ottawa, ON
|
FOR THE APPELLANT
|
|
John H. Sims,
Q.C.
Deputy Attorney General of Canada
Ottawa, ON
Langlois Kronstrôm Desjardins, LLP
Montreal, QC
|
FOR THE RESPONDENT, ATTORNEY GENERAL OF CANADA
FOR THE RESPONDENT, JOHN H. GOMERY
|
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