Chrétien v. Canada (Attorney General)

Chrétien v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-08-02
Neutral citation
2006 FCA 272
File numbers
A-281-06
Decision Content
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”
J.A.
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