Bremsak v. Canada (Professional Institute of the Public Service)
The application judge improperly exercised inherent jurisdiction by failing to consider the prejudice to the alleged contemnor; accordingly the stay was set aside and the matter remitted to the application judge for decision on the basis of the record before him.
Source-derived case information.
- Citation
- 2011 FCA 258
- Parties
- Appellant: Irene Bremsak; Respondent: The Professional Institute of the Public Service of Canada et al.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 September 2011
- Procedural Posture
- Appeal / Appeal to the Federal Court of Appeal From Application Judge's Decision (2011 FC 406)
- Outcome
- Appeal allowed.
- Legal Topics
- Stay of Proceedings, Inherent Jurisdiction, Prejudice to Alleged Contemnor, Remittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Bremsak
Appellant
The Professional Institute of the Public Service of Canada et al.
Respondent
Procedural Posture
Appeal / Appeal to the Federal Court of Appeal From Application Judge's Decision (2011 FC 406)
Legal Issues
- 1 Whether the application judge properly exercised inherent jurisdiction to impose a stay
- 2 Whether the application judge considered the prejudice to the alleged contemnor when imposing the stay
- 3 Whether the matter should be remitted to the application judge for decision on the existing record
Ratio Decidendi
The application judge improperly exercised inherent jurisdiction by failing to consider the prejudice to the alleged contemnor; accordingly the stay was set aside and the matter remitted to the application judge for decision on the basis of the record before him.
Court Disposition
Appeal allowed.
Orders
- Stay imposed by the application judge set aside.
- Matter returned to the application judge for decision on the basis of the record before him.
Full Case Text
Judgment text and source record
1 paragraphs
Bremsak v. Canada (Professional Institute of the Public Service) Court (s) Database Federal Court of Appeal Decisions Date 2011-09-19 Neutral citation 2011 FCA 258 File numbers A-160-11 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110919 Docket: A-160-11 Citation: 2011 FCA 258 CORAM: NOËL J.A. PELLETIER J.A. DAWSON J.A. BETWEEN: IRENE BREMSAK Appellant and THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA ET AL. Respondent Heard at Vancouver, British Columbia, on September 19, 2011. Judgment delivered from the Bench at Vancouver, British Columbia, on September 19, 2011. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110919 Docket: A-160-11 Citation: 2011 FCA 258 CORAM: NOËL J.A. PELLETIER J.A. DAWSON J.A. BETWEEN: IRENE BREMSAK Appellant and THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA ET AL. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on September 19, 2011) PELLETIER J.A. [1] This appeal, from a decision reported at 2011 FC 406, is unusual in that both the appellant and the respondent seek the same relief, namely that the stay imposed by the application judge be set aside and that the matter be returned to him for a decision based on the record before him. [2] While a judge has inherent jurisdiction to control the process before him, and inherent jurisdiction to adjourn or stay a proceeding, that discretion must be exercised judicially, with regard to the potential prejudice caused by the adjournment or stay. Here, the application judge failed to consider the prejudice caused to the alleged contemnor, which is entitled to prompt resolution of the allegations against it, based on the evidence the parties chose to put before the Court. [3] Consequently, the appeal will be allowed, the stay imposed by the application judge will be set aside, and the matter will be returned to him for a decision on the basis of the record before him. “J.D. Denis Pelletier” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-160-11 STYLE OF CAUSE: IRENE BREMSAK V. THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA ET AL. PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: September 19, 2011 REASONS FOR JUDGMENT NOËL J.A. OF THE COURT BY: PELLETIER J.A. DAWSON J.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: Irene Bremsak FOR THE APPELLANT (self-represented) Mr. Steven Welchner FOR THE RESPONDENT SOLICITORS OF RECORD: N/A FOR THE APPELLANT Welchner Law Office Ottawa, Ontario FOR THE RESPONDENT