Date: 20070104
Docket: A-334-06
Citation: 2007 FCA 3
Present: NOËL J.A.
BETWEEN:
TOMASZ
WINNICKI
Appellant
(Responding Party)
and
CANADIAN
HUMAN RIGHTS COMMISSION
Respondent
(Moving Party)
Dealt with in writing without appearance
of parties.
Order delivered at Ottawa, Ontario,
on January 4, 2007.
REASONS
FOR ORDER BY: NOËL
J.A.
Date: 20070104
Docket: A-334-06
Citation: 2007 FCA 3
Present: NOËL
J.A.
BETWEEN:
TOMASZ WINNICKI
Appellant
(Responding Party)
and
CANADIAN HUMAN RIGHTS COMMISSION
Respondent
(Moving Party)
REASONS FOR ORDER
NOËL J.A.
[1]
I am
seized with an ancillary motion to shorten the time within which the responding
party must respond to the Canadian Human Rights Commission’s (the Commission) application
to set aside the interim stay of the contempt order issued by von Finckenstein
J. on July 12, 2006 and the imprisonment thereby ordered. Specifically, the
Commission requests that contrary to what the Rules provide, account be taken
of the Christmas holidays in computing this delay.
[2]
The
Commission brings this motion so that its application to set aside the stay can
be heard (and presumably disposed of) before January 16, 2007, that is the day
on which the appeal from von Finckenstein J.’s contempt order, and in
particular from the prison sentence which he imposed, is to be heard by this
Court (see motion material, written representations, para. 33).
[3]
Based on
the record before me, the Commission has been in a position to proceed with its
application since November 24, 2006, the day of the alleged breach of the order
staying the contempt order. For reasons that are unexplained, the application
was not brought until December 22, 2006. The Commission’s desire to expedite
the application only arises because it failed to present the application
earlier.
[4]
In the
circumstances and given the significance of the decision sought from the
perspective of the responding party, the Court is not inclined to modify the
delays prescribed by the Rule.
[5]
Motion denied.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-334-06
STYLE OF CAUSE: TOMASZ
WINNICKI and
CANADIAN HUMAN RIGHTS
COMMISSION
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NOËL J.A.
DATED: JANUARY 4, 2007
WRITTEN
REPRESENTATIONS BY:
James Foord
|
FOR
THE APPELLANT
|
Judith Parisien & Joy Noonan
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
FOORD, MURRAY
Ottawa (Ontario)
|
FOR
THE APPELLANT
|
HEENAN BLAIKIE LLP
Ottawa
(Ontario)
|
FOR
THE RESPONDENT
|