Niagara Airbus Inc. v. Canada ( Adjudicator appointed under Canada Labour Code, Part III )
T-571-93
Teitelbaum J.
26/3/93
11 pp.
Application to stay execution of Adjudicator's order imposing two-month suspension and reinstating respondent as part-time bus driver -- Respondent dismissed for consuming alcohol while working -- Canada Labour Code, s. 244(2) providing on filing and registration in Federal Court, Adjudicator's order having same force and effect as judgment of Court -- Court can only grant stay of execution where judgment or order of Court given -- No evidence Adjudicator's order filed and registered -- Application dismissed as premature -- Test for imposition of stay set out in Canadian Broadcasting Corp. v. Frumkin, [1993] 1 F.C. D-9 (T.D.) -- Although demonstrating arguable case for judicial review based on alleged error in calculating damages and in distinguishing between driver who consumes alcohol after all passengers disembarked and driver who consumes alcohol while passengers in bus, no evidence of irreparable harm -- Mere speculation as to irreparable harm -- Stay should only be issued in moderation and when in interest of justice to do so -- Should not be granted on extreme speculation as to what may happen if stay not granted -- Respondent likely to suffer irreparable harm as currently unemployed and not collecting unemployment insurance -- Having wife and child to support -- Balance of convenience favouring respondent -- Federal Court Rules, C.R.C., c. 663, RR. 319 (as am. by SOR/88-221, s. 4), 321 (as am. idem, s. 6), 1909 -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 241, 242, 243, 244.