Pineview Poultry Products Ltd. v. Canada ( Egg Marketing Agency )
A-1117-92
Marceau J.A.
3/2/93
4 pp.
Appeal from denial of application for order staying show cause proceedings to determine whether respondents'egg marketing licences should be suspended or revoked for violations of conditions of licences pending disposition of action seeking declaration provisions of Act and Regulations unconstitutional -- Motions Judge holding proceedings properly brought and Agency simply acting as required by law -- Substituting stay of execution of decision to which proceedings would lead if effect of decision to suspend or revoke licences -- Appeal allowed -- Motions Judge wrongly exercised discretion -- Improper to allow Agency to proceed and then enjoin it from enforcing decision should it determine licences be revoked or suspended -- Would render show cause proceedings meaningless -- Three requirements set out by Supreme Court for granting of interlocutory injunctions and stays in constitutional cases in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110 not satisfied -- Questions of standing and possibility of success not addressed -- No evidence of irreparable harm as respondents not establishing losses not quantifiable -- Motions Judge giving no indication as to how viewed public interest -- Failed to consider grant of stay allowing respondents to continue to break law, without regard to effect on other egg producers and on scheme as whole -- Mere contention Charter rights might be affected insufficient to allow someone to continue to act in disregard of rule of law -- Farm Products Marketing Agencies Act, R.S.C., 1985, c. F-4 -- Canadian Egg Licensing Regulations, 1987, SOR/87-242 (as am. by SOR/88-488).