Date: 19980703
Docket: A-367-98
PRESENT: THE HONOURABLE MR. JUSTICE MARCEAU
BETWEEN:
CANADIAN AIR TRAFFIC CONTROL ASSOCIATION
Applicant
- and -
NAV CANADA
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario,
on Friday, July 3, 1998)
[1] In my view, this application for a stay of an order of the Canada Labour Relations Board cannot be granted.
[2] The first reason is that it raises a question of jurisdiction: the decision to be stayed is not before the Court for review, its validity is not being disputed and is not even disputable, having been obtained by consent. Counsel for the applicant suggested that the order to be stayed is the order as filed with the Court as opposed to the order not filed, but I fail to fully understand the distinction.
[3] The other reason is that, regardless of the question of jurisdiction, I cannot accept counsel's contentions with respect to the possibility of irreparable harm if the stay is not ordered nor his argument concerning the question of the balance of convenience in the circumstances of the case. I see no reason to believe that the mere fact of bringing the Board's order one step closer to enforcement by filing it with the Court could so radically change its effect that it could now be used as a means of intimidating the employees and depriving them of their legitimate rights.
[4] The application will be dismissed with costs.
"Louis Marceau"
J.A.
FEDERAL COURT OF CANADA APPEAL DIVISION
NAVIES OF SOLICITORS AND SOLICITORS ON THE RECORD
DOCKET: A-367-98
STYLE OF CAUSE:Canadian Air Traffic Control Association v. NAV Canada
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: July 3, 1998
REASONS FOR JUDGMENT OF THE COURT: ( Marceau JA.) DELIVERED FROM THE BENCH BY: Marceau J.A. APPEARANCES:
Mr. Sean McGee FOR THE APPLICANT
Mr. John A. Coleman FOR THE RESPONDENT Ms. Pat Brethour
SOLICITORS OF RECORD:
Nelligan Power FOR THE APPLICANT Ottawa , Ontario
Ogilvy Renault FOR THE RESPONDENT Montréal, Québec
Ms. Pat Brethour FOR THE RESPONDENT NAV CANADA
Ottawa, Ontario