Federal appeal | Courts
STAY OF PROCEEDINGS
Application judge failed to consider prejudice caused to alleged contemnor
Both appellant and respondent sought same relief, namely that stay imposed by application judge be set aside and that matter be returned to him for decision based on record before him. While judge has inherent jurisdiction to control process before him, and inherent jurisdiction to adjourn or stay proceeding, that discretion must be exercised judicially, with regard to potential prejudice caused by adjournment or stay. Here, application judge failed to consider prejudice caused to alleged contemnor, which was entitled to prompt resolution of allegations against it, based on evidence parties chose to put before court. Appeal was allowed. Stay imposed by application judge was set aside and matter ordered returned to him for decision on basis of record before him.
Bremsak v. P.I.P.S.C. (Sep. 20, 2011, F.C.A., Dawson, Pelletier and Noel JJ.A., File No. A-160-11) 207 A.C.W.S. (3d) 262 (4 pp.).
Application judge failed to consider prejudice caused to alleged contemnor
Both appellant and respondent sought same relief, namely that stay imposed by application judge be set aside and that matter be returned to him for decision based on record before him. While judge has inherent jurisdiction to control process before him, and inherent jurisdiction to adjourn or stay proceeding, that discretion must be exercised judicially, with regard to potential prejudice caused by adjournment or stay. Here, application judge failed to consider prejudice caused to alleged contemnor, which was entitled to prompt resolution of allegations against it, based on evidence parties chose to put before court. Appeal was allowed. Stay imposed by application judge was set aside and matter ordered returned to him for decision on basis of record before him.
Bremsak v. P.I.P.S.C. (Sep. 20, 2011, F.C.A., Dawson, Pelletier and Noel JJ.A., File No. A-160-11) 207 A.C.W.S. (3d) 262 (4 pp.).
