Morgan - La-Z-Boy - Oral Decision and Reasons rendered July 7, 2004 regarding a motion for a stay of proceedings

The motion for a stay was dismissed because La-Z-Boy failed to provide persuasive evidence of irreparable harm or reputational damage; consequently the balance did not favour a stay pending appeal of the leave decision.

Citation: 2004 Comp Trib 12
Parties: Applicant: Allan Morgan and Sons Ltd.; Respondent: La-Z-Boy Canada Ltd.
Court: Competition Tribunal
Jurisdiction: Canada
Judgment Date: 9 July 2004
Procedural Posture: Application for Leave Under S.103.1 and Application Under S.75 of the Competition Act / Motion for Stay Pending Appeal of Leave Decision
Outcome: Motion for stay dismissed
Legal Topics: Refusal to Deal, Stay of Proceedings, Leave to Make an Application, Irreparable Harm
Source Language: English

Competition Law Civil Procedure Refusal to Deal Stay of Proceedings Leave to Make an Application Irreparable Harm

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Allan Morgan and Sons Ltd.

Applicant

La-Z-Boy Canada Ltd.

Respondent

Procedural Posture

Application for Leave Under S.103.1 and Application Under S.75 of the Competition Act / Motion for Stay Pending Appeal of Leave Decision

Legal Issues

1 Whether a stay pending appeal should be granted
2 Whether the respondent has demonstrated irreparable harm
3 Whether reputational damage justifies a stay

Ratio Decidendi

Court Disposition

Motion for stay dismissed

Orders

Motion for a stay of the section 75 application dismissed
Proceedings to continue pending resolution of the appeal