[2012] 2 F.C.R. D-3
Practice
Judgments and Orders
Stay of Execution
Motion to stay order pending appeal under Federal Courts Rules, SOR/98-106, s. 398(1)(b)—Federal Court making order against appellant for having by own admission failed to comply with requirements of Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31 on several occasions—Appellant appealing order, challenging award of damages, so-called structural order made by Federal Court—Whether Court should stay order pending appeal—Test applicable to stay application applied herein—Regarding irreparable harm execution of order would cause, appellant’s duty to make every reasonable effort to comply with all duties thereof under Part IV of Act problematic—Structural injunctions few, far between in Canada—Structural injunctions sometimes providing for order to make every reasonable effort to comply with order, not legislation—Order to make every reasonable effort constituting vague order—Order in present case accompanying complex structural injunctions—No judicial or doctrinal commentary found thereon—Considering vagueness of part of order in question, preferable to suspend application until such time as Court of Appeal ruling on merits, scope thereof—Very clear, however, duty to comply with Act not stayed—Motion allowed.
Thibodeau v. Air Canada (A-358-11, 2011 FCA 343, Blais C.J., judgment dated December 12, 2011, 15 pp.)