T-1131-97
OTTAWA, ONTARIO, THE 15th DAY OF SEPTEMBER 1997
PRESENT: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
JEAN COULOMBE, domiciled at
308 Arnaud Street in Sept-Iles, district of Mingan,
G4R 3A7,
Plaintiff,
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
Defendant.
ORDER AND REASONS FOR ORDER
The motion for a stay of proceedings under section 50 of the Federal Court Act is dismissed.
To obtain a stay of proceedings under section 50, the plaintiff must prove to the Court that:
(1) his claim has merit (an arguable case);
(2) he will suffer irreparable harm if the application is not allowed; and
(3) the balance of convenience is in his favour.
The plaintiff has failed to prove that these three factors are present.
If the defendant has no legal objection to a stay of proceedings in the case at bar, the defendant and plaintiff may agree to such a stay if they so desire.
Max M. Teitelbaum
_____________________________________
J U D G E
Certified true translation
Stephen Balogh
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1131-97
STYLE OF CAUSE: JEAN COULOMBE v.
HER MAJESTY THE QUEEN
PLACE OF HEARING: OTTAWA, ONTARIO - IN WRITING
DATE OF HEARING: SEPTEMBER 15, 1997
REASONS FOR ORDER AND ORDER BY TEITELBAUM J.
DATED: SEPTEMBER 15, 1997
APPEARANCES (IN WRITING):
JEAN COULOMBE FOR THE PLAINTIFF
ROSEMARIE MILLAR FOR THE DEFENDANT
SOLICITORS OF RECORD:
JEAN COULOMBE FOR THE PLAINTIFF
REPRESENTING HIMSELF
SEPT-ÎLES, QUEBEC
GEORGE THOMSON FOR THE DEFENDANT
DEPUTY ATTORNEY GENERAL OF CANADA
OTTAWA, ONTARIO