PRACTICE |
Stay of Proceedings |
Canada (Human Rights Commission) v. Malo
A-362-03
2003 FCA 466, Nadon J.A.
3/12/03
9 pp.
Human Rights Commission (applicant), relying on Federal Courts Act, s. 50, asking to stay proceedings currently before Canadian Human Rights Tribunal (Tribunal) in cases bearing docket numbers T-633/2101 and T-634/2201 until F.C.A. disposes of appeal of dismissal of application for judicial review--Application stems from complaints filed against respondents, Télé-Métropole Inc. and Manon Malo by Ms. Nadia Caza, employee of Télé-Métropole claiming to be victim of discrimination based on racial or ethnic origin--To allow order staying proceedings, applicant must show that appeal raises serious question, that will suffer irreparable harm unless stay of proceedings ordered, and that balance of convenience favours applicant--First, appeal raises serious question--However, applicant failed to establish that irreparable harm would result from refusal to order stay of hearing before Tribunal--Neither applicant nor Ms. Caza will suffer irreparable harm if they have to take part in hearing before Tribunal resuming in January 2004--Participation in hearing cannot in itself constitute irreparable harm within meaning given to this expression in RJR--MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311-- Applicant claims mere fact of being forced to participate in hearing that could be ruled invalid amounts to irreparable harm--Nothing in evidence or in arguments put forward by applicant establishes that applicant or Ms. Caza will suffer irreparable harm if application for stay not granted--Application dismissed--Federal Courts Act, R.S.C., 1985, c. F-7, ss. 1 (as am. by S.C. 2002, c. 8, s. 14) 50 (as am.idem, c.8. s. 46).