| Citation: |
Canadian Union of Postal Workers v. Canada Post Corporation, 2011 FC 25, [2011] 1 F.C.R. D-17 |
T-1717-09 |
Practice
Contempt of Court
Motion for non-suit filed by respondent in contempt proceeding where applicant arguing respondent refused to comply with two arbitral awards—Applicant pointing out, inter alia, motion for non-suit may not be filed in contempt proceeding, only findings of fact may be decided—Federal Court Rules, C.R.C., c. 663, r. 339 dealing with judgment dismissing applicant, repealed with adoption of Federal Court Rules, SOR/98-106—Repealing r. 339 eliminated possibility of dismissing applicant in cases of error, surprise, accident—However, right to file motion for non-suit not eliminated—Applicant relying on Penthouse International Ltd. v. 163564 Canada Inc., [1995] F.C.J. No. 1077 ) (T.D.) (QL), stating contempt proceedings not giving rise to motion for non-suit—Judge in case not explaining reasons underlying assertion—No impediment to such motion in contempt proceedings—However, arguments raised by respondent supporting motion premature—Must be dealt with after contempt proceeding, not at motion for non-suit stage—Motion dismissed.
Canadian Union of Postal Workers v. Canada Post Corporation (T-1717-09, 2011 FC 25, Bédard J., judgment dated January 11, 2011, 12 pp.)