BANKRUPTCY
Appeal from Federal Court decision (2005 FC 1726) dismissing appellant’s judicial review application of delegate of the Superintendent of Bankruptcy’s decision to stay disciplinary proceedings against respondents on basis of Senior Discipline Analyst’s (SDA) ongoing failure to make timely, proper disclosure of documentation relevant to disciplinary hearings—Delegate did not apply correct legal test—Mere unease with conduct of SDA could not be elevated to level of unfairness contemplated by S.C.C.—In light of delegate’s admission that this was a borderline case, and S.C.C. direction stay should only be granted in clearest of cases, delegate erred by granting stay in such an unclear case—Appeal allowed.
Canada (Attorney General) v. Sheriff (A-29-06, 2007 FCA 90, Malone J.A., judgment dated 6/3/07, 14 pp.)