PRACTICE |
Stay of Proceedings |
Bell Canada v. Canada (Human Rights Commission)
A-698-00
Sharlow J.A.
29/11/00
9 pp.
Application for stay of order of Tremblay-Lamer J. preventing continuation of hearings before Canadian Human Rights Tribunal with respect to complaints made under Canadian Human Rights Act against Bell Canada by Communications, Energy and Paperworkers Union of Canada (CEP), Canadian Telephone Employees Association (CTEA), Femmes Action--Decision now under appeal--Tremblay-Lamer J. quashing interim decision made by Vice-Chairperson of new Tribunal, ordering cessation of proceedings until problems identified by McGillis J. corrected--Four years elapsed from date of initial complaint due in large part to successful challenge by Bell Canada to impartiality of first Tribunal--36 days of hearings completed before new Tribunal--Because of decision of Tremblay-Lamer J., approximately ten previously scheduled hearing dates lost--In considering motion for stay, Court must apply familiar tripartite test--First test of serious issue to be tried met--Delay in obtaining monetary remedy not kind of harm characterized as irreparable--No reason to find irreparable harm herein merely because of nature of underlying right--Risk complainants might lose track of people they represent not kind of irreparable harm justifying stay--Delays, even considered cumulatively, not source of irreparable harm--Even if proceedings continue immediately, they will not in all likelihood be completed before expiry of current term of at least one of members--Possible expiry of terms of Tribunal members not representing irreparable harm--Party seeking to have proceedings resumed in face of judicial determination of fatal flaw in governing statute--Bell Canada should not lightly be denied benefit of decision--Balance of convenience favouring denying stay--Application dismissed--Canadian Human Rights Act, R.S.C., 1985, c. H-6.