Saskatchewan Wheat Pool v. Canada ( Attorney General )
T-1962-93
McGillis J.
17/9/93
12 pp.
Application for order suspending operation of order by Rothstein J. until appeal determined by Federal Court of Appeal -- Regulations made by Governor in Council under Canadian Wheat Board Act creating deregulated continental system for marketing of barley -- Order finding regulations invalid -- Suspension of operation of judgment pending appeal discretionary matter governed by dictates of interests of justice and principles enunciated in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110 -- Whether appeal raises serious question -- Existence of two superior court judgments providing opposing answers to same question sufficient to demonstrate appeal raises serious question-Affidavit evidence tendered by applicant and intervenors not establishing irreparable harm at law -- Less confusion will result herein by staying with Canadian Wheat Board system in operation for 40 years -- Balance of convenience in favour of respondents -- Application dismissed.