Bremsak v. Canada (Professional Institute of the Public Service)

Bremsak v. Canada (Professional Institute of the Public Service)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-09-19
Neutral citation
2011 FCA 258
File numbers
A-160-11
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20110919
Docket: A-160-11
Citation: 2011 FCA 258
CORAM: NOËL J.A.
PELLETIER J.A.
DAWSON J.A.
BETWEEN:
IRENE BREMSAK
Appellant
and
THE PROFESSIONAL INSTITUTE OF THE
PUBLIC SERVICE OF CANADA ET AL.
Respondent
Heard at Vancouver, British Columbia, on September 19, 2011.
Judgment delivered from the Bench at Vancouver, British Columbia, on September 19, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20110919
Docket: A-160-11
Citation: 2011 FCA 258
CORAM: NOËL J.A.
PELLETIER J.A.
DAWSON J.A.
BETWEEN:
IRENE BREMSAK
Appellant
and
THE PROFESSIONAL INSTITUTE OF THE
PUBLIC SERVICE OF CANADA ET AL.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on September 19, 2011)
PELLETIER J.A.
[1] This appeal, from a decision reported at 2011 FC 406, is unusual in that both the appellant and the respondent seek the same relief, namely that the stay imposed by the application judge be set aside and that the matter be returned to him for a decision based on the record before him.
[2] While a judge has inherent jurisdiction to control the process before him, and inherent jurisdiction to adjourn or stay a proceeding, that discretion must be exercised judicially, with regard to the potential prejudice caused by the adjournment or stay. Here, the application judge failed to consider the prejudice caused to the alleged contemnor, which is entitled to prompt resolution of the allegations against it, based on the evidence the parties chose to put before the Court.
[3] Consequently, the appeal will be allowed, the stay imposed by the application judge will be set aside, and the matter will be returned to him for a decision on the basis of the record before him.
“J.D. Denis Pelletier”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-160-11
STYLE OF CAUSE: IRENE BREMSAK V. THE PROFESSIONAL
INSTITUTE OF THE PUBLIC SERVICE OF
CANADA ET AL.
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: September 19, 2011
REASONS FOR JUDGMENT NOËL J.A.
OF THE COURT BY: PELLETIER J.A.
DAWSON J.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
Irene Bremsak
FOR THE APPELLANT
(self-represented)
Mr. Steven Welchner
FOR THE RESPONDENT
SOLICITORS OF RECORD:
N/A
FOR THE APPELLANT
Welchner Law Office
Ottawa, Ontario
FOR THE RESPONDENT