Docket

34473

Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited

(New Brunswick) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2014-02-20 Appeal closed
2014-02-19 Certificate of taxation issued to, Joël Michaud
2014-02-19 Decision on the bill of costs, in the amount of $13,419.31, Reg
2014-02-19 Submission of the bill of costs, Reg
2014-02-19 Correspondence received from, David Debenham, re.: will be taking carriage of this matter from Jeffrey W. Beedell. Communications, Energy and Paperworkers Union of Canada, Local 30
2014-01-20 Bill of costs, Completed on: 2014-01-20 Communications, Energy and Paperworkers Union of Canada, Local 30
2013-12-09 Record returned to the Registrar of the Court of Appeal
2013-06-17 Formal judgment sent to the registrar of the court of appeal and all parties
2013-06-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-06-14 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of New Brunswick, Number 133-10-CA, 2011 NBCA 58, dated July 7, 2011, heard on December 7, 2012, is allowed with costs throughout. McLachlin C.J. and Rothstein and Moldaver JJ. are dissenting.
Allowed, with costs
2012-12-21 Transcript received, (129 pages)
2012-12-07 Judgment reserved OR rendered with reasons to follow
2012-12-07 Intervener's condensed book, Submitted in Court (14 copies) Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters
2012-12-07 Intervener's condensed book, Submitted in Court (14 copies) Canadian Mining Association
2012-12-07 Intervener's condensed book, Submitted in Court (14 copies) Canadian National Railway Company
2012-12-07 Intervener's condensed book, Submitted in Court (14 copies) Communications, Energy and Paperworkers Union of Canada, Local 707
2012-12-07 Respondent's condensed book, Submitted in Court (14 copies) Irving Pulp & Paper, Limited
2012-12-07 Appellant's condensed book, Submitted in Court (14 copies) Communications, Energy and Paperworkers Union of Canada, Local 30
2012-12-07 Acknowledgement and consent for video taping of proceedings, From all parties
2012-12-07 Hearing of the appeal, 2012-12-07, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2012-12-05 Notice of appearance, Ritu Khullar will replace David Williams at the hearing. Communications, Energy and Paperworkers Union of Canada, Local 707
2012-11-28 Correspondence received from, 4 reserved seats requested Communications, Energy and Paperworkers Union of Canada, Local 707
2012-11-27 Notice of appearance, No one appearing at the hearing. Alberta Federation of Labour
2012-11-27 Notice of appearance, Norman Keith, Ailsa Jane Wiggins and Anna Abbott will be present at the hearing. Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters
2012-11-27 Notice of appearance, Peter Gall, Andrea Zwack and Melanie Vipond will be present at the hearing. Canadian Mining Association
2012-11-26 Notice of appearance, Robert Dupont, Simon-Pierre Paquette and Johanne Cavé will be present at the hearing. Canadian National Railway Company
2012-11-26 Notice of appearance, Barbara Johnston and April Kosten will be present at the hearing. Construction Owners Association of Alberta
2012-11-23 Notice of appearance, David Williams will be present at the hearing. Communications, Energy and Paperworkers Union of Canada, Local 707
2012-11-21 Notice of appearance, Andrew Lokan, Emily Lawrence and Chris Dassios will be present at the hearing. Power Workers' Union
2012-11-21 Correspondence received from, 4 reserved seats requested Canadian National Railway Company
2012-11-21 Notice of appearance, Daniel Léger, David Mombourquette and Joel Michaud will be present at the hearing. Communications, Energy and Paperworkers Union of Canada, Local 30
2012-11-21 Correspondence received from, 4 reserved seats requested Construction Owners Association of Alberta
2012-11-20 Notice of appearance, Joshua Phillips and Karen Ensslen will be present at the hearing. Canadian Civil Liberties Association
2012-11-19 Correspondence received from, 6 reserved seats requested Irving Pulp & Paper, Limited
2012-11-15 Correspondence received from, 4 reserved seats requested Communications, Energy and Paperworkers Union of Canada, Local 30
2012-11-14 Order by, Ro, FURTHER TO THE ORDER dated September 14, 2012, granting leave to intervene to the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association and Enform, the Canadian National Railway Company, Canadian Pacific Railway Company and Via Rail Canada Inc., the Alberta Federation of Labour, the Communications, Energy and Paperworkers Union of Canada, Local 707, the Canadian Civil Liberties Association, the Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters, the Canadian Mining Association, Mining Association of British Columbia, Mining Association of Manitoba Inc., Quebec Mining Association, Ontario Mining Association and Saskatchewan Mining Association and the Power Workers' Union;
IT IS HEREBY FURTHER ORDERED THAT the following six groups, the Canadian National Railway Company, Canadian Pacific Railway Company and Via Rail Canada Inc., the Communications, Energy and Paperworkers Union of Canada, Local 707, the Canadian Civil Liberties Association, the Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters, the Canadian Mining Association, Mining Association of British Columbia, Mining Association of Manitoba Inc., Quebec Mining Association, Ontario Mining Association and Saskatchewan Mining Association and the Power Workers' Union, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
AND IT IS HEREBY FURTHER ORDERED THAT the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association and Enform and the Alberta Federation of Labour are not permitted to present oral argument at the hearing of the appeal.
Allowed in part, no order as to costs
2012-11-13 Intervener's book of authorities, Completed on: 2012-11-13 Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters
2012-11-13 Intervener's book of authorities, Completed on: 2012-11-13 Power Workers' Union
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Power Workers' Union
2012-11-09 Intervener's book of authorities, Completed on: 2012-11-09 Canadian Mining Association
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Canadian Mining Association
2012-11-09 Intervener's book of authorities, (3 volumes), Completed on: 2012-11-09 Canadian Civil Liberties Association
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Canadian Civil Liberties Association
2012-11-09 Intervener's book of authorities, Completed on: 2012-11-09 Communications, Energy and Paperworkers Union of Canada, Local 707
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Communications, Energy and Paperworkers Union of Canada, Local 707
2012-11-09 Intervener's book of authorities, (3 volumes), Completed on: 2012-11-09 Canadian National Railway Company
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Canadian National Railway Company
2012-11-09 Intervener's book of authorities, Completed on: 2012-11-09 Alberta Federation of Labour
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Alberta Federation of Labour
2012-11-09 Intervener's book of authorities, Completed on: 2012-11-09 Construction Owners Association of Alberta
2012-11-09 Intervener's factum, Completed on: 2012-11-09 Construction Owners Association of Alberta
2012-11-07 Correspondence received from, Ritu Khullar dated November 7, 2012. Re: Ritu Khellar has been added to the party. Alberta Federation of Labour
2012-11-06 Correspondence received from, Karen Ensslen dated November 6, 2012. Re: Change in the counsel of record, Susan Ursel is no longer on the case. Canadian Civil Liberties Association
2012-10-22 Correspondence received from, Request for 4 reserved seats Construction Owners Association of Alberta
2012-10-19 Correspondence received from, Gowlings, by email, dated Oct.19/12, Re: request for 4 reserved seats Irving Pulp & Paper, Limited
2012-10-19 Notice of appearance, Neil Finkelstein, Steven Mason, Brandon Kain, Byron Shaw and William Goss will be present at the hearing Irving Pulp & Paper, Limited
2012-09-14 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-09-14 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Amalgamated Transit Union, Local 113 for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Ontario Federation of Labour, the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association and Enform, the Canadian National Railway Company, Canadian Pacific Railway Company and Via Rail Canada Inc., the Alberta Federation of Labour, the Communications, Energy and Paperworkers Union of Canada, Local 707, the Toronto Transit Commission, the Canadian Civil Liberties Association, the Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters, the Canadian Mining Association, Mining Association of British Columbia, Mining Association of Manitoba Inc., Quebec Mining Association, Ontario Mining Association and Saskatchewan Mining Association and the Power Workers' Union for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Construction Owners Association of Alberta, Construction Labour Relations - an Alberta Association and Enform, the Canadian National Railway Company, Canadian Pacific Railway Company and Via Rail Canada Inc., the Alberta Federation of Labour, the Communications, Energy and Paperworkers Union of Canada, Local 707, the Canadian Civil Liberties Association, the Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters, the Canadian Mining Association, Mining Association of British Columbia, Mining Association of Manitoba Inc., Quebec Mining Association, Ontario Mining Association and Saskatchewan Mining Association and the Power Workers' Union are granted and the said eight groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 9, 2012.
IT IS HEREBY FURTHER ORDERED THAT:
The motion for an extension of time to apply for leave to intervene of the Amalgamated Transit Union, Local 113 is granted and the motion for leave to intervene is dismissed.
The motions for leave to intervene of the Ontario Federation of Labour and the Toronto Transit Commission are dismissed.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions
Allowed in part
2012-09-14 Submission of motion for leave to intervene, Ro
2012-09-05 Motion for leave to intervene, (Book Form), (joint with an extension of time), Completed on: 2012-09-05 Amalgamated Transit Union, Local 113
2012-09-05 Appeal perfected for hearing
2012-08-30 Respondent's book of authorities, Completed on: 2012-08-30 Irving Pulp & Paper, Limited
2012-08-30 Respondent's factum, Completed on: 2012-08-30 Irving Pulp & Paper, Limited
2012-08-27 Reply to the motion for leave to intervene, (Letter Form), from Paul B. Shabas dated Aug. 27/12, Completed on: 2012-08-27 Toronto Transit Commission
2012-08-24 Reply to the motion for leave to intervene, (Letter Form), from Robert Dupont & Thomas Brady dated August 23/12, Completed on: 2012-08-24 Canadian National Railway Company
2012-08-23 Correspondence received from, Brandon Kain dated Aug. 23/12 re: Appellant Record (cc. to the other party) (sent to the Court Sept. 18/12) Irving Pulp & Paper, Limited
2012-08-21 Response to the motion for leave to intervene, email from Gowlings dated Aug. 20/12 (to all interveners), Completed on: 2012-08-21 Irving Pulp & Paper, Limited
2012-08-20 Response to the motion for leave to intervene, (Letter Form), David Mombourquette re: request to file a reply factum if Toronto Transit and CNR are granted, Completed on: 2012-08-20 Communications, Energy and Paperworkers Union of Canada, Local 30
2012-08-10 Intervener's book of authorities, (Book Form), in support of the leave to intervene, Completed on: 2012-08-10 Power Workers' Union
2012-08-10 Motion for leave to intervene, (Book Form), Completed on: 2012-08-20 Power Workers' Union
2012-08-10 Motion for leave to intervene, (Book Form), Completed on: 2012-08-10 Canadian Mining Association
2012-08-10 Motion for leave to intervene, (Book Form), Completed on: 2012-08-20 Alliance of Manufacturers & Exporters of Canada, carrying on business as Canadian Manufacturers & Exporters
2012-08-10 Motion for leave to intervene, (Book Form), Completed on: 2012-08-10 Canadian Civil Liberties Association
2012-08-10 General proceeding, Original Affidavits of John F. Orr, Peter Edwards and Laurent Caron Canadian National Railway Company
2012-08-10 Motion for leave to intervene, (Book Form), Service rec'd Aug. 13/12, Completed on: 2012-08-14 Canadian National Railway Company
2012-08-09 Motion for leave to intervene, (Book Form), Completed on: 2012-08-09 Toronto Transit Commission
2012-08-09 Response to the motion for leave to intervene, (Letter Form), from David Williams dated Aug. 9/12 re: consent to the intervention of Communications, Energy and Paperworkers Union of Canada, Local 707, Completed on: 2012-08-09 Communications, Energy and Paperworkers Union of Canada, Local 707
2012-08-09 Motion for leave to intervene, (Book Form), Completed on: 2012-08-09 Communications, Energy and Paperworkers Union of Canada, Local 707
2012-08-09 Response to the motion for leave to intervene, (Letter Form), from Patrick Nugent dated Aug. 9/12 re: consent of Appellant to the motion for leave to intervene of the Alberta Federation of Labour, Completed on: 2012-08-09 Alberta Federation of Labour
2012-08-09 Motion for leave to intervene, (Book Form), Completed on: 2012-08-09 Alberta Federation of Labour
2012-08-09 Motion for leave to intervene, (Book Form), (Vol. 1 to 3), Completed on: 2012-08-09 Construction Owners Association of Alberta
2012-08-02 Response to the motion for leave to intervene, included in leave to intervene, Completed on: 2012-08-02 Communications, Energy and Paperworkers Union of Canada, Local 30
2012-08-02 Motion for leave to intervene, (Book Form), Consent of the appellant included, Completed on: 2012-08-02 Ontario Federation of Labour
2012-07-24 Notice of hearing sent to parties
2012-07-19 Appeal hearing scheduled, 2012-12-07, (Early start 9:00a.m.)
Judgment reserved
2012-07-13 Appellant's record, (4 volumes), Completed on: 2012-07-13 Communications, Energy and Paperworkers Union of Canada, Local 30
2012-07-13 Appellant's book of authorities, Completed on: 2012-07-13 Communications, Energy and Paperworkers Union of Canada, Local 30
2012-07-13 Appellant's factum, CD missing, rec'd July 20, 2012, Completed on: 2012-07-13 Communications, Energy and Paperworkers Union of Canada, Local 30
2012-05-03 Correspondence received, from Michael J. Bray, Q.C., of the New Brunswick Court of Appeal, dated May 1/12, Re: description of CA documents being filed with SCC
2012-05-03 Appeal court record, various court of appeal documents
2012-04-20 Notice of appeal, Completed on: 2012-04-20 Communications, Energy and Paperworkers Union of Canada, Local 30
2012-04-19 Notice of change of counsel, William B. Goss, Q.C. former counsel, new counsel will be Neil Finkelstein of McCarthy Tetrault LLP. Gowlings is now agent. Irving Pulp & Paper, Limited
2012-04-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-03-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-03-23 Judgment on leave sent to the parties
2012-03-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 133-10-CA, 2011 NBCA 58, dated July 7, 2011, is granted with costs in the cause.
Granted, with costs in the cause
2012-02-20 All materials on application for leave submitted to the Judges, LeB Abe Cro
2011-11-07 Applicant's reply to respondent's argument, Completed on: 2011-11-07 Communications, Energy and Paperworkers Union of Canada, Local 30
2011-10-26 Respondent's response on the application for leave to appeal, Form 25B missing (rec'd Oct. 27, 2011), form 14 filed Oct. 27, 2011, Completed on: 2011-10-26 Irving Pulp & Paper, Limited
2011-10-04 Letter acknowledging receipt of a complete application for leave to appeal
2011-09-29 Application for leave to appeal, Completed on: 2011-09-29 Communications, Energy and Paperworkers Union of Canada, Local 30