Pelletier v. Canada (Attorney General)
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Pelletier v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-08-02 Neutral citation 2006 FCA 271 File numbers A-282-06 Decision Content Date: 20060802 Docket: A-282-06 Citation: 2006 FCA 271 Present: THE HONOURABLE MR. JUSTICE NADON BETWEEN: JEAN PELLETIER Appellant and ATTORNEY GENERAL OF CANADA and THE HONOURABLE JOHN H. GOMERY, IN HIS CAPACITY AS FORMER COMMISSIONER OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND ADVERTISING ACTIVITIES Respondents Motion in writing decided without appearance by the parties. Order made at Ottawa, Ontario, on August 2, 2006. REASONS FOR ORDER BY: NADON J.A. Date: 20060802 Docket: A-282-06 Citation: 2006 FCA 271 Present : THE HONOURABLE MR. JUSTICE NADON BETWEEN: JEAN PELLETIER Appellant and THE ATTORNEY GENERAL OF CANADA AND THE HONOURABLE JOHN H. GOMERY, IN HIS CAPACITY AS FORMER COMMISSIONER OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND ADVERTISING ACTIVITIES Respondents REASONS FOR ORDER NADON J.A. [1] The respondent, the Honourable Mr. Justice John H. Gomery, presented a motion to stay an order made by Mr. Justice Teitelbaum of the Federal Court on June 9, 2006. [2] After considering the written submissions of the respondent and the exhibits filed in support of his motion, I come to the conclusion that the tests set out by the Supreme Court in R.J.R. MacDonald v. Canada (A.G.C.), [1994] 1 S.C.R. 311, have been met. [3] First of all, I am of the opinion that the appeal involves a serious issue. Secondly,…
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Mirrored from decisions.fca-caf.gc.ca — the linked original is authoritative.
Pelletier v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-08-02 Neutral citation 2006 FCA 271 File numbers A-282-06 Decision Content Date: 20060802 Docket: A-282-06 Citation: 2006 FCA 271 Present: THE HONOURABLE MR. JUSTICE NADON BETWEEN: JEAN PELLETIER Appellant and ATTORNEY GENERAL OF CANADA and THE HONOURABLE JOHN H. GOMERY, IN HIS CAPACITY AS FORMER COMMISSIONER OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND ADVERTISING ACTIVITIES Respondents Motion in writing decided without appearance by the parties. Order made at Ottawa, Ontario, on August 2, 2006. REASONS FOR ORDER BY: NADON J.A. Date: 20060802 Docket: A-282-06 Citation: 2006 FCA 271 Present : THE HONOURABLE MR. JUSTICE NADON BETWEEN: JEAN PELLETIER Appellant and THE ATTORNEY GENERAL OF CANADA AND THE HONOURABLE JOHN H. GOMERY, IN HIS CAPACITY AS FORMER COMMISSIONER OF INQUIRY INTO THE SPONSORSHIP PROGRAM AND ADVERTISING ACTIVITIES Respondents REASONS FOR ORDER NADON J.A. [1] The respondent, the Honourable Mr. Justice John H. Gomery, presented a motion to stay an order made by Mr. Justice Teitelbaum of the Federal Court on June 9, 2006. [2] After considering the written submissions of the respondent and the exhibits filed in support of his motion, I come to the conclusion that the tests set out by the Supreme Court in R.J.R. MacDonald v. Canada (A.G.C.), [1994] 1 S.C.R. 311, have been met. [3] First of all, I am of the opinion that the appeal involves a serious issue. Secondly, I am satisfied that the respondent will sustain irreparable harm if the motion to stay is not granted. Finally, I am satisfied that the balance of convenience is in favour of the respondent. [4] For these reasons, the motion will be granted, and execution of the order of the Federal Court dated June 9, 2006 will be stayed until this Court disposes of the appeal. [5] In the circumstances, there is no order as to costs. “M. Nadon” J.A. Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-282-06 STYLE OF CAUSE: Pelletier v. A.G.C. et al. WRITTEN MOTION DECIDED WITHOUT THE APPEARANCE OF THE PARTIES REASONS FOR JUDGMENT BY: NADON J.A. DATED: August 2, 2006 WRITTEN SUBMISSIONS: Raynold Langlois, Q.C., CRIA Marie Cossette Marie-Geneviève Masson FOR THE RESPONDENT, JOHN H. GOMERY SOLICITORS OF RECORD: Borden Ladner Gervais, LLP Montréal, Quebec John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT FOR THE RESPONDENT, THE ATTORNEY GENERAL OF CANADA Langlois Kronström Desjardins, LLP Montréal, Quebec FOR THE RESPONDENT, JOHN H. GOMERY
Source: decisions.fca-caf.gc.ca
Quebec (Attorney General) v A
[2013] 1 SCR 61