CASE NO. VOL. NO. PAGE
THE COLCHESTER YOUNG - and - YMCA CANADA
MEN’S CHRISTIAN ASSOCIATION
Appellant Respondent
C.A. No. 167052 Halifax ROSCOE, J.A.
_____________________________________________________________________
Cite as: Colchester Young Men’s Christian Association v. YMCA Canada, 2001 NSCA 39
APPEAL HEARD: February 13, 2001
JUDGMENT DELIVERED: February 13, 2001
WRITTEN RELEASE OF ORAL: February 22, 2001
SUBJECT: Practice - Application for Interim Injunction
SUMMARY: The appellant made a Chambers application for an interim injunction to restrain the respondent from disaffiliating it as a member. The Chambers judge refused to exercise his discretion to grant the injunction.
ISSUE: Whether the Chambers judge erred in the exercise of his discretion.
RESULT: Appeal dismissed. The Chambers judge properly founded the exercise of his discretion on consideration of the fact that the appellant had not come to the court with “clean hands”, and his hesitation to interfere with the internal governance of a national federation, where there were no claims of procedural unfairness alleged or evident.
|
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S JUDGMENT. QUOTES MUST BE FROM THE JUDGMENT, NOT FROM THIS COVER SHEET. THE FULL COURT JUDGMENT CONSIST OF 3 PAGES. |