Date: 20040806
Docket: A-401-04
Citation: 2004 FCA 274
Present: ROTHSTEIN J.A.
BETWEEN:
CHINA CERAMIC PROPPANT LTD.
Appellant (Moving Party)
and
CARBO CERAMICS INC.
Respondent
Heard at Ottawa, Ontario, on August 6, 2004.
Order delivered from the Bench at Ottawa, Ontario, on August 6, 2004.
REASONS FOR ORDER BY: ROTHSTEIN J.A.
[1] This is an application for a stay, pending appeal, of an injunction granted by the Federal Court. The appeal is scheduled to be heard on September 1, less than one month from now. While I appreciate the concerns expressed by counsel for the appellant, the evidence does not demonstrate that the appellant will be put out of business permanently if the injunction remains in place until the appeal is heard and determined. I am, therefore, not satisfied that the appellant has satisfied the irreparable harm test for a stay. The motion for stay must be dismissed. The respondent shall have costs of $2,500 inclusive of fees and disbursements.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-401-04
Motion for a stay of the Order of the Honourable Mr. Justice Shore dated July 28, 2004 in file T-909-04
STYLE OF CAUSE: CHINA CERAMIC PROPPANT LTD.
v.
CARBO CERAMICS INC.
PLACE OF HEARING: OTTAWA
DATE OF HEARING: August 6, 2004
REASONS FOR ORDER
DELIVERED FROM THE
BENCH BY: Mr. Justice Rothstein
APPEARANCES:
|
Mr. Trevor McDonald
|
FOR THE APPELLANT
|
|
Mr. Christopher Van Barr
Mr. Anthony Creber
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Nelligan, O'Brien, Payne
Ottawa, Ontario
|
FOR THE APPELLANT
|
|
Gowling Lafleur Henderson LLP
Ottawa, Ontario
|
FOR THE RESPONDENT
|
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