Date: 20000328
Docket: T-501-00
MONTRÉAL, QUEBEC, MARCH 28, 2000
| BEFORE: TEITELBAUM J. |
BETWEEN: INTAIR-CHANGE INC.,
Plaintiff,
AND
PARKS CANADA AGENCY,
Defendant.
Application by the plaintiff asking this Court to:
| " ALLOW the instant application for a provisional interlocutory injunction; |
| " GRANT a provisional interlocutory injunction order to remain in effect for fourteen days and order the defendant, Parks Canada Agency, its administrators, managers, representatives and employees, not to sign a lease contract with Exchange Corporation Canada Inc. for the rental of the Frontenac kiosk contemplated from April 1, 2000 to March 31, 2003, while this order shall be in effect and, if applicable, any extension or continuance of that order; |
| " ORDER the defendant Parks Canada Agency to keep the plaintiff in the leased premises on the same terms and conditions as those specified in the lease currently existing between the parties throughout the continuance of the instant order and, if applicable, for any extension or continuance of the order; |
| " ORDER the execution of the judgment to be rendered notwithstanding appeal; |
| " SET a deadline to allow the plaintiff to file its originating action, if that has not already been done, in the case at bar; |
| " MAKE any other order or directive pursuant to ss. 373 and 385 of the Federal Court Rules of Practice. |
O R D E R
The application for a provisional interlocutory injunction is dismissed without costs.
Brief reasons will follow shortly.
| Max M. Teitelbaum Judge |
Certified true translation
Martine Brunet, LL. B.
Date: 20000328
Docket: T-501-00
BETWEEN: INTAIR-CHANGE INC.,
Plaintiff,
AND
PARKS CANADA AGENCY,
Defendant.
REASONS FOR ORDER
TEITELBAUM J.:
[1] After reviewing the documents submitted by the parties and hearing the thoughtful submissions of counsel, I consider that an interlocutory injunction should not be granted.
[2] I am persuaded that the plaintiff has not been able to present a serious question to be tried.
[3] Further, I am persuaded after reading the affidavit filed by Louis-Philippe Roberge and after examining the letter of December 6, 1999, and the submission made by EXCHANGE CORPORATION CANADA INC., that Mr. Roberge visited the premises for and on behalf of EXCHANGE CORPORATION CANADA INC.
[4] That being so, and as this was the plaintiff"s only argument, the latter was unable to present a serious question to be tried.
[5] The motion is dismissed without costs.
| Max M. Teitelbaum Judge |
Certified true translation
Martine Brunet, LL. B.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE: T-501-00 |
STYLE OF CAUSE: INTAIR-CHANGE INC.,
Plaintiff,
AND
PARKS CANADA AGENCY,
Defendant.
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: March 28, 2000 |
| REASONS FOR ORDER BY: TEITELBAUM J. |
| DATED: March 28, 2000 |
APPEARANCES:
| Stéphane Martin for the plaintiff |
| Vincent Veilleux for the defendant |
SOLICITORS OF RECORD:
| Hickson, Martin, Blanchard for the plaintiff |
Sillery, Quebec
| Morris Rosenberg for the defendant |
Deputy Attorney General of Canada
Ottawa, Ontario