The applicant, a federally appointed judge, sought a stay of an impending Canadian Judicial Council inquiry into his conduct pending the determination of several judicial review applications challenging the validity of the complaints process.
The Federal Court dismissed the motion for a stay, finding that the underlying judicial review applications were premature because the administrative process was ongoing.
The Court held that the applicant failed to meet the three-part test for a stay, specifically noting that the issues were not serious as they were premature, and that the harm alleged was inherent to the disciplinary process and not irreparable.
