China Ceramic Proppant Ltd. v. Carbo Ceramics Inc.
Court headnote
China Ceramic Proppant Ltd. v. Carbo Ceramics Inc. Court (s) Database Federal Court of Appeal Decisions Date 2004-08-06 Neutral citation 2004 FCA 274 File numbers A-401-04 Decision Content 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. 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 REASONS FOR ORDER (Delivered from the Bench at Ottawa, Ontario, on August 6, 2004) 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 COUN…
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China Ceramic Proppant Ltd. v. Carbo Ceramics Inc. Court (s) Database Federal Court of Appeal Decisions Date 2004-08-06 Neutral citation 2004 FCA 274 File numbers A-401-04 Decision Content 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. 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 REASONS FOR ORDER (Delivered from the Bench at Ottawa, Ontario, on August 6, 2004) 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
Source: decisions.fca-caf.gc.ca