Laliberté ( Re )
T-1219-98
Tremblay-Lamer J.
16/4/99
6 pp.
Payment order under Canada Labour Code, s. 251.1 issued to Raymond Laliberté in capacity as director of corporation Transport Damaco International Ltée, and filed in Federal Court-Appeal from Prothonotary's decision dismissing motion for stay of proceedings on ground motion should be part of application for judicial review, and motion not filed within time limit-Motion to stay proceedings properly dismissed as motion not part of principal remedy-Difficulty lies in impossibility of making motion part of application for judicial review-As referee did not rule on constitutionality of payment orders, Court cannot do so either: Tétrault-Gadoury v. Canada (Employment and Immigration Commission), [1991] 2 S.C.R. 22-However, such legal impasse not in interests of justice-Federal Court jurisdiction to declare statutory provision unconstitutional cannot be subject to lower tribunal's jurisdiction-Therefore possible, in such situations, to challenge constitutionality of statutory provision by way of application for declaratory relief under Federal Court Act, s. 18-Court accordingly prepared to consider motion to set aside payment order to be application for declaratory relief and to allow judgment debtor to amend originating document to notice of application-Canada Labour Code, R.S.C., 1985, c. L-2, s. 251.1 (enacted by S.C. 1993, c. 42, s. 37)-Federal Court Act, R.S.C., 1985, c. F-7, s. 17 (am. by. S.C. 1990, c. 8, s. 3).