Date: 20020225
Docket: T-1788-99
Neutral Citation: 2002 FCT 198
Montréal, Quebec, February 25, 2002
Present: Mr. Richard Morneau, Prothonotary
BETWEEN:
INTERBOX PROMOTION CORPORATION
Plaintiff
and
2428-0414 QUÉBEC INC.
and
THE OTHERS NAMED IN THE
APPENDIX ATTACHED HERETO
Defendants
Motion by the defendant Bar-Salon 447 Inc., to:
ALLOW a stay of the judicial sale of the movable property of the defendant Bar-Salon 447 Inc. on terms considered appropriate by this Court;
THE WHOLE without costs, unless the motion is contested.
REASONS FOR ORDER AND ORDER
[1] This motion must be assessed in terms of Rule 398(1)(a) of the Federal Court Rules, 1998.
[2] The case law under this rule requires compliance with the three-pronged test in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110. In this case the second prong of this test, proof of irreparable harm if the sale occurs, is certainly not met. The affidavit in support of the motion is by counsel for the moving party and this affidavit in no way demonstrates that any such harm would be incurred if there is a sale. Moreover, the written submissions of the adverse party make me strongly doubt that a serious question has been demonstrated here, that is, that the seriousness of the motion to vacate has been established.
[3] This motion is therefore dismissed with costs.
Richard Morneau
Prothonotary
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L
APPENDIX
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020225
Docket: T-1788-99
Between:
INTERBOX PROMOTION CORPORATION
Plaintiff
and
2428-0414 QUÉBEC INC. AND THE OTHERS NAMED IN THE APPENDIX ATTACHED HERETO
Defendants
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-1788-99
STYLE: INTERBOX PROMOTION CORPORATION
Plaintiff
and
2428-0414 QUÉBEC INC. AND THE OTHERS NAMED IN THE APPENDIX ATTACHED HERETO
Defendants
PLACE OF HEARING:Montréal, Quebec
DATE OF HEARING: February 18, 2002
REASONS FOR ORDER OF Mr. RICHARD MORNEAU, PROTHONOTARY
DATED: February 25, 2002
APPEARANCES:
Daniel Artola for the plaintiff
Pierre Robillard for the defendant Bar-Salon 447 Inc.
SOLICITORS OF RECORD:
|
McCarthy Tétrault Montréal, Quebec |
for the plaintiff |
|
Boivin & Deschamps Laval, Quebec |
for the defendant Bar-Salon 447 Inc. |
|
Borden Ladner Gervais Montréal, Quebec |
for the defendant Hippo-Club (9012-4314 Québec Inc.) |
|
Kounadis Perrault Montréal, Quebec |
for the defendant Restaurant Bar Réal Massé |
|
Quessy, Henry, St-Hilaire Québec, Quebec |
for the defendants Bar Le Mundial and Bar le Palladium |