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Bell Canada v. Canadian Telephone Employees Assn.

T-2281-99

Pinard J.

7/7/00

10 pp.

Interlocutory decisions--Application for judicial review of decision by Canadian Human Rights Tribunal dismissing three motions brought by Bell Canada in connection with wage discrimination complaints filed by Communications, Energy and Paperworkers Union of Canada, Canadian Telephone Employees Association, Femmes Action--Application premature as Tribunal's ruling on Motions 1, 2, 3 interlocutory decision made during course of proceedings--Absent jurisdictional issues, rulings made during course of Tribunal's proceeding ought not be challenged until proceedings completed--No special reasons that would justify Court in exercising discretion under Federal Court Act, s. 18.1(3) to grant relief--Errors alleged by applicant not finally dispositive of substantive right, not going to legality of Tribunal itself--If Court were to entertain applications for judicial review with respect to each interlocutory, preliminary decision in course of Tribunal's proceedings, complaint process would be brought to halt--Applicant would not suffer serious hardship if required to continue before Tribunal without having questions raised in application resolved--Even if Tribunal erred in dismissing motions, error may not affect outcome of complaints--Application dismissed as premature--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).

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