Warner Music Group Inc. ( Re )
T-1959-97
Hugessen J.
29/10/97
7 pp.
Applicant to stay order by Lutfy J. under Competition Act, s. 11-Appellant, Columbia House, required to produce documents, information in context of inquiry conducted by Director under Competition Act-Serious issue raised in appeal-No appellate decision directly applicable which would make appellant's appeal beyond hope, frivolous or vexatious-Whether decision of Lutfy J. appealable-Court of Appeal only proper forum to determine whether it has jurisdiction over decision of Lutfy J.-As to question of irreparable harm, appellant said to be subjected to illegal, improper search-No right to privacy on part of person who, like appellant, is in position of witness in civil proceedings-Appellant witness who has received subpoena with order duces tecum-Public interest in administration of justice gives courts right to compel answers, productions from witnesses-As to balance of convenience, relatively unimportant cost, inconvenience to appellant of compliance outweighed by public interest in administration of justice and in conduct of Director's inquiry-Order being appealed not complied with-Appellant not coming before Court with "clean hands"-Party seeking discretionary order by Court well advised not to be in default of performance of obligations it may have under Court orders-Application dismissed-Competition Act, R.S.C., 1985, c. C-34, s. 11 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 24).