Nav Canada v. Canadian Air Traffic Control Assn.
T-1013-98
McGillis J.
23/6/98
6 pp.
Application for interlocutory order staying March 29, 1998 Canada Labour Relations Board order, filed by further order dated May 17, 1988-Application for judicial review seeking to quash May 17, 1998 order presently outstanding in Federal Court of Appeal-Federal Court Act, s. 28(3) depriving Trial Division of jurisdiction to entertain any proceeding in respect of same matter where Court of Appeal having jurisdiction to hear, determine matter-S. 28(1)(h) according jurisdiction to Court of Appeal to hear judicial review applications in respect of Canada Labour Relations Board-Whether motion for stay proceeding in respect of same matter pending in Court of Appeal-Judicial review application seeking to quash order based on breach of principles of natural justice-Examination of substance of motion for stay establishing it is proceeding in respect of same matter pending in Court of Appeal-S. 28(3) depriving Trial Division of jurisdiction-Present wording of s. 28(3) broader in scope of application than terms of predecessor, depriving Trial Division of jurisdiction to entertain any proceeding in respect of that decision or order where Court of Appeal having jurisdiction to hear and determine application to review and set aside decision or order-Furthermore, French version of present s. 28(3) drafted in very broad language-National Bank of Canada v. Granda, [1984] 2 F.C. 249, in which Federal Court of Appeal concluding Trial Division having power to stay execution of decision filed in Court under predecessor to Canada Labour Code, s. 23, rendered prior to amendment of Federal Court Act, s. 28(3), which expanded scope of jurisdictional limitation on Trial Division-Rationale underlying that decision no longer applicable-Federal Court Act, R.S.C., c. F-7, s. 28(1)(h) (as am. by S.C. 1990, c. 8, s. 8), (3) (as am. idem)-Canada Labour Code, R.S.C., 1985, c. L-2, s. 23 (as am. by S.C. 1990, c. 8, s. 57).