Canada ( Attorney General ) v. Thwaites
T-1629-93
Dubé J.
20/9/93
6 pp.
Application for stay of execution of Canadian Human Rights Tribunal order requiring payment of money to respondent pending judicial review of matter -- Respondent enlisted in Canadian Armed Forces in 1980, found to be HIV positive in March 1986 -- Released on medical grounds in October 1989 -- Complaint under Canadian Human Rights Act alleging discrimination on basis of disability allowed-Tribunal ordering CAF to compensate respondent -- Application for judicial review of Tribunal's decision filed on July 5, 1993-Instant application brought on ground payment of monies awarded would render judicial review application nugatory -- Tripartite test also invoked by applicant -- Serious issue to be considered at judicial review -- No irreparable harm suffered by applicant if award paid -- No evidence respondent would dissipate money -- As to issue of nugatoriness, applicant not proving judicial review would be futile -- Not necessary to apply third criteria, balance of convenience -- Application for stay dismissed.