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Samson v. Canada ( Director under Competition Act )

T-2737-93

Nadon J.

17/12/93

4 pp.

Application to stay holding of examination -- In Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, Supreme Court of Canada held rules on issue of interlocutory injunction applied to application for stay of proceedings -- Applicants argued Competition Act, s. 11(1)(a) infringes Charter, s. 7 -- Point of law raised by applicants serious question within meaning of Metropolitan Stores-Applicants would suffer irreparable harm if required to testify-Balance of convenience in their favour -- Application allowed -- Competition Act, R.S.C., 1985, c. C-34, s. 11 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 24) -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.

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