- Parties: The appellants were the Power Workers’ Union, Society of United Professionals, the Chalk River Nuclear Safety Officers Association, International Brotherhood of Electrical Workers Local 37, Chris Damant, Paul Catahno, Scott Lampman, Greg Macleod, Matthew Stewart, and Thomas Shields. The respondents were the Attorney General of Canada, Ontario Power Generation, Bruce Power, New Brunswick Power Corporation, and Canadian Nuclear Laboratories.

- Subject Matter: The appellants’ judicial review application challenged as unconstitutional certain portions of a regulatory document issued by the Canadian Nuclear Safety Commission and the reasonableness of the Commission’s adoption of those provisions. The Federal Court dismissed the appellants’ application. The appellants moved for an interim and interlocutory injunction under r. 373 of the Federal Courts Rules, S.O.R./98-106.

- Ruling: The appeal court ruled in the appellants’ favour, granted their motion, and granted them their costs of this motion. The appellants satisfied the three branches of the test for granting an injunction, the appeal court said. First, the appeal court determined that the appellants would suffer irreparable harm if the injunction were not granted. Second, the appeal court held that the appeal raised a serious issue for determination. Third, the appeal court found that the balance of convenience favoured granting the injunction pending the appeal’s final disposition.

- Date: The court released its decision on Oct. 27, 2023. A hearing was set on Jan. 31, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.