Date: 19980814
Docket: A-447-98
PRESENT: MARCEAU J.A.
BETWEEN:
CANADIAN UNION OF POSTAL WORKERS
Appellant
(Moving Party)
- and -
CANADA POST CORPORATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario,
on Friday, August 14, 1998)
[1] It does not appear to me that the basic condition for the exercise by this Court of the implied power conferred on it by section 50(1) of its enabling Act, that is to say, as a prerequisite to the safeguard of its appeal jurisdiction, is present. The appeal against the refusal of the Trial Division to order the removal of the mediator-arbitrator for reasons of bias will not be rendered nugatory by the sole absence of a stay of the so-called proceedings under the Postal Services Continuation Act, 1997, S.C., c. 34 (cf. New Brunswick Electric Power Commission v. Maritime Electric Company Limited and National Energy Board, [1985] 2 F.C. 13).
[2] It is my view, however, that the hearing of the appeal from the order of the Trial Division dismissing the motion for removal should be expedited as it could be in the interest of justice that it take place some time before October 30, 1998, the time limit for the mediator-arbitrator to conclude the arbitration and to make his report.
[3] I shall, therefore, issue an order dismissing the application for a stay but expediting the hearing of the appeal herein.
"Louis Marceau"
J.A.