PRACTICE |
Stay of Proceedings |
Canada (Human Rights Commission) v. Malo
T-732-02
2002 FCT 547, Tremblay-Lamer J.
13/5/02
6 pp.
Motion to stay proceedings in Caza v. Groupe TVA and Manon Malo, before Canadian Human Rights Tribunal (Tribunal), until judgment rendered in application for judicial review in case--Defendant Nadia Caza alleged defendants Groupe TVA and Manon Malo discriminated against her on account of her Egyptian nationality and Arab ethnic origin--CHRC informed Tribunal it would be making motion requesting presiding member be disqualified because of reasonable appearance of bias--Three tests laid down by Supreme Court of Canada in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, met--Serious question to be tried, namely whether conduct of presiding member raised reasonable apprehension of bias in hearing complaint involving racial discrimination--Obliging Commission and complainant to proceed before presiding member whose conduct suggests lack of impartiality in handling of complaint can only create irreparable harm, which could not be corrected by subsequent decision--As to balance of convenience, question of bias takes priority over any public interest in favour of proceeding with hearing--Motion granted.