Jet Transport Ltd. v. Canadian National Federation of Independent Unions
The motion for stay was dismissed because the applicant did not satisfy any branch of the tri-partite R.J.R. McDonald test; therefore no interim relief was granted.
Source-derived case information.
- Citation
- 2002 FCA 365
- Parties
- Appellant: Jet Transport Ltd.; Respondent: Canadian National Federation of Independent Unions; Respondent: Canadian Industrial Relations Board
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2002
- Procedural Posture
- Appeal / Motion for Stay of Execution (federal Court of Appeal)
- Outcome
- Motion for stay of execution dismissed with costs.
- Legal Topics
- Stay of Execution, Interim Relief, RJR Mc Donald Test, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jet Transport Ltd.
Appellant
Canadian National Federation of Independent Unions
Respondent
Canadian Industrial Relations Board
Respondent
Procedural Posture
Appeal / Motion for Stay of Execution (federal Court of Appeal)
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal
- 2 Whether the applicant satisfied each branch of the R.J.R. McDonald tri-partite test
Ratio Decidendi
The motion for stay was dismissed because the applicant did not satisfy any branch of the tri-partite R.J.R. McDonald test; therefore no interim relief was granted.
Court Disposition
Motion for stay of execution dismissed with costs.
Orders
- Motion for stay of execution dismissed
- Costs awarded to respondents
Full Case Text
Judgment text and source record
1 paragraphs
Jet Transport Ltd. v. Canadian National Federation of Independent Unions Court (s) Database Federal Court of Appeal Decisions Date 2002-10-09 Neutral citation 2002 FCA 365 File numbers A-501-02 Decision Content Date: 20021009 Docket: A-501-02 Neutral citation: 2002FCA365 Present: The Honourable Mr. Justice Isaac BETWEEN: JET TRANSPORT LTD. Appellant and CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS and CANADIAN INDUSTRIAL RELATIONS BOARD Respondents Dealt with in writing without appearance of parties. Order delivered at Toronto, Ontario on October 9, 2002. REASONS FOR ORDER AND ORDER BY: ISAAC J.A. Date: 20021009 Docket: A-501-02 Neutral citation: 2002FCA365 Present: The Honourable Mr. Justice Isaac BETWEEN: JET TRANSPORT LTD. Appellant and CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS and CANADIAN INDUSTRIAL RELATIONS BOARD Respondents REASONS FOR ORDER AND ORDER ISAAC J.A. [1] The motion for stay of execution is dismissed with costs. [2] The applicant has not satisfied any branch of the tri-partite test laid down by the Supreme Court of Canada in R.J.R. McDonald v. Canada (A.G.) [1994] 1 S.C.R. 311. [3] In reaching this conclusion, I have read but not considered any submissions made by either party and filed subsequent to the reply of the applicant as contemplated by Rule 369(3). "Julius A. Isaac" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-501-02 STYLE OF CAUSE: Jet Transport Ltd. v. Canadian National Federation of Independent Unions et al PLACE OF HEARING: Motion dealt with in writing without appearance of the parties REASONS FOR ORDER AND ORDER BY: ISAAC J.A. WRITTEN SUBMISSIONS: Guy Dussault/Norman Drolet FOR THE APPLICANT Joanne McMahon FOR THE RESPONDENT CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS SOLICITORS OF RECORD: Flynn, Rivard Québec, Québec FOR THE APPLICANT Watson McMahon Toronto, Ontario FOR THE RESPONDENT CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS