Canadian Standards Association v. P.S. Knight Co. Ltd.

Canadian Standards Association v. P.S. Knight Co. Ltd.

The Court found a serious issue existed and that publication could cause irreparable harm, but concluded the balance of convenience did not favour granting an interlocutory injunction due to the applicant's delay, the substantial cost and disruption to alter CSA's established review process at late stage, and the Council's endorsement of CSA's approach; therefore the injunction was dismissed.

Citation
2017 FC 1192
Parties
Plaintiff; Defendant by Counterclaim: Canadian Standards Association; Defendant; Plaintiff by Counterclaim: P.S. Knight Co. Ltd.; Defendant: Gordon Knight; Defendant: Peter Knight
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 December 2017
Procedural Posture
Interlocutory Injunction Motion / Decision on Motion (motion Hearing December 15, 2017; Reasons Dated December 22, 2017)
Outcome
Motion for interlocutory injunction dismissed without costs
Legal Topics
Standards Development, Public Consultation, Injunction, SDO Accreditation, Incorporation by Reference
Source Language
English
Administrative Law Regulatory Law Civil Procedure Standards Development Public Consultation Injunction SDO Accreditation Incorporation by Reference

Case Brief

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Parties

Canadian Standards Association

Plaintiff; Defendant by Counterclaim

P.S. Knight Co. Ltd.

Defendant; Plaintiff by Counterclaim

Gordon Knight

Defendant

Peter Knight

Defendant

Procedural Posture

Interlocutory Injunction Motion / Decision on Motion (motion Hearing December 15, 2017; Reasons Dated December 22, 2017)

Legal Issues

  1. 1 Whether CSA complied with Standards Council of Canada public review requirement (mature draft/60 day public review)
  2. 2 Whether publication of the 2018 Code would cause irreparable harm to the Moving Party and the public
  3. 3 Whether the balance of convenience favors granting an interlocutory injunction

Ratio Decidendi

The Court found a serious issue existed and that publication could cause irreparable harm, but concluded the balance of convenience did not favour granting an interlocutory injunction due to the applicant's delay, the substantial cost and disruption to alter CSA's established review process at late stage, and the Council's endorsement of CSA's approach; therefore the injunction was dismissed.

Court Disposition

Motion for interlocutory injunction dismissed without costs

Orders

  • The motion for an interlocutory injunction prohibiting CSA from publishing its 2018 version of the Canadian Electrical Code in January 2018 is dismissed without costs.