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19682

Attorney General of Nova Scotia, et al. v. Sobeys Stores Limited

(Nova Scotia) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1990-04-24 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1990-04-24 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-04-24 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa,ON)
1990-04-24 Copy of formal judgment being prepared, Soloway, Wright, (Ottawa,ON)
1990-04-24 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-04-24 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-04-24 Copy of formal judgment being prepared, Neville, Hall & Selkirk (Ottawa,ON)
1990-04-24 Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS)
1989-05-10 Approved order for payment out
1989-05-01 General proceeding, court of appeal record returned to Registrar (Halifax, N.S.)
1989-03-07 Notice of deposit of judgment sent to all parties, Grace, Neville & Hall (Ott., Ont.)
1989-03-07 Notice of deposit of judgment sent to all parties, Gowling & Henderson (Ott., Ont.)
1989-03-07 Notice of deposit of judgment sent to all parties, Osler, Hoskin, Harcourt (Ott., Ont.)
1989-03-02 Judgment on the appeal rendered, CJ B E McI La W LeD LaF L'HD, The appeal is allowed. The decision of the Labour Standards Tribunal is reinstated. The respondent may pursue its other grounds of appeal in the Appeal Division of the Nova Scotia Supreme Court. There is no order as to costs. Estey and Le Dain JJ. took no part in the judgment.
Allowed, no order as to costs
1988-02-05 Hearing of the appeal, 1988-02-05, CJ B E McI La W LeD LaF L'HD
Decision reserved
1988-02-05 Book of authorities, , 10 copies Attorney General of Nova Scotia
1988-02-03 Notice of withdrawal Attorney General for Ontario
1988-02-02 Intervener's factum, , 19 copies Attorney General of Canada
1988-02-01 Intervener's factum, , 21 copies Attorney General of Manitoba
1988-01-29 Book of authorities, , 10 copies vols. 1 & 2 Attorney General of Nova Scotia
1988-01-28 Intervener's factum, , 21 copies Attorney General of British Columbia
1988-01-27 Intervener's factum, , 21 copies Attorney General of Quebec
1988-01-21 Book of authorities, , 10 copies vols. 1 & 2, with service Sobeys Stores Limited
1988-01-14 Respondent's factum, (served copy), with service Sobeys Stores Limited
1988-01-13 General proceeding, consenting to order to Respondent's factum Attorney General of Nova Scotia
1988-01-12 Respondent's factum Sobeys Stores Limited
1988-01-12 Decision on motion to file a lengthy factum, B
Granted, no order as to costs
1988-01-12 Hearing of motion to file a lengthy factum, 1988-01-12, B
1988-01-12 Submission of motion to file a lengthy factum, 1988-01-12, B
1988-01-07 Service
1988-01-06 Affidavit Sobeys Stores Limited
1988-01-06 Motion to file a lengthy factum Sobeys Stores Limited
1987-10-13 Appellant's factum, , 21 copies Clifford George Yeomans
1987-01-12 Certified casebook Attorney General of Nova Scotia
1987-01-08 Appeal hearing scheduled, 1988-02-05
Decision reserved
1987-01-08 Trial court record
1987-01-08 Appeal court record
1987-01-08 Appeal perfected for hearing, Session beginning on 1987-01-26
1986-12-17 Correspondence (sent by the Court) to, dated Dec 10/86
1986-12-11 Appellant's factum, , 22 copies, with service Attorney General of Nova Scotia
1986-11-05 Case on appeal, , 21 copies, with service Attorney General of Nova Scotia
1986-07-31 Service
1986-07-30 Notice of intervention respecting a constitutional question, (served copy), with service Attorney General of British Columbia
1986-07-24 Decision on the motion for leave to intervene, McI
Dismissed, no order as to costs
1986-07-24 Hearing of motion for leave to intervene, 1986-07-24, McI
1986-07-24 Submission of motion for leave to intervene, 1986-07-24, McI
1986-07-09 Hearing of motion for leave to intervene, 1986-07-09
Decision reserved
1986-07-09 Submission of motion for leave to intervene, 1986-07-09
Decision reserved
1986-07-03 Response to the motion for leave to intervene Attorney General of Nova Scotia
1986-07-03 Affidavit Nova Scotia Federation of Labour
1986-07-03 Motion for leave to intervene Nova Scotia Federation of Labour
1986-06-16 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1986-06-16 Notice of intervention respecting a constitutional question Attorney General of Quebec
1986-06-13 Notice of intervention respecting a constitutional question Attorney General of Canada
1986-06-13 Notice of intervention respecting a constitutional question Attorney General for Ontario
1986-06-10 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1986-05-23 Notice of constitutional question(s) Attorney General of Nova Scotia
1986-05-20 Order on motion to state a constitutional question
1986-05-13 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book #6 @ p. 142. Interventions by June 16/86), CJ
Granted, no order as to costs
1986-05-13 Hearing of the motion to state a constitutional question, 1986-05-13, (For Constitutional Question see file or Reg's Red Book #6 @ p. 142. Interventions by June 16/86), CJ
1986-05-13 Submission of motion to state a constitutional question, 1986-05-13, (For Constitutional Question see file or Reg's Red Book #6 @ p. 142. Interventions by June 16/86), CJ
1986-05-06 Motion to state a constitutional question, (Amended Const. Question), with service Attorney General of Nova Scotia
1986-04-26 Response to the motion to state a constitutional question, (of 1 party only) Sobeys Stores Limited
1986-03-26 Motion to state a constitutional question, With service Attorney General of Nova Scotia
1986-03-26 $30.00 filing fee, receipt # 9223 Attorney General of Nova Scotia
1986-03-26 Notice of appeal, With service Attorney General of Nova Scotia
1986-03-26 $500 security deposit paid, receipt # 1441 Attorney General of Nova Scotia
1986-03-21 $30.00 filing fee, receipt # 9210 Clifford George Yeomans
1986-03-21 Notice of appeal Clifford George Yeomans
1986-03-20 Order granting leave to appeal
1986-02-28 Judgment of the Court on the application for leave to appeal, CJ McI La
Granted, with costs in the cause
1986-01-27 Hearing of the application for leave to appeal, 1986-01-27, CJ McI La
Decision reserved
1986-01-27 All materials on application for leave submitted to the Judges, 1986-01-27, CJ McI La
Decision reserved
1986-01-22 General proceeding, to note 5 copies of motion book Clifford George Yeomans
1986-01-21 Respondent's response on the application for leave to appeal, 5 copies Sobeys Stores Limited
1986-01-07 Book of authorities, 5 copies Attorney General of Nova Scotia
1986-01-07 Book of authorities, , 5 copies of Statutes Attorney General of Nova Scotia
1986-01-07 Application for leave to appeal, 5 copies, Completed on: 1986-01-07 Attorney General of Nova Scotia

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Attorney General of Nova Scotia Applicant Active
Yeomans, Clifford George Applicant Active
Mitchell, Director of Labour Standards forthe Province of Nova Scotia, Ross A. Applicant Active
Mont, in capacity as chairman of the Labour Standards Tribunal (Nova Scotia), Stephen K. Applicant Active
Martell, member of the Labour Standards Tribunal (Nova Scotia), Henry Applicant Active
Hebb, member of the Labour Standards Tribunal (Nova Scotia), Ann Applicant Active
Labour Standards Tribunal (Nova Scotia) Applicant Active

v.

Main parties - Respondents
Name Role Status
Sobeys Stores Limited Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Manitoba Intervener Active
Nova Scotia Federation of Labour Intervener Pending

Counsel

Party: Attorney General of Nova Scotia

Counsel
Names
Aaron L. Berg
Reinhold M. Endres
Contact information
Attorney General of Manitoba
730 - 405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2851
FAX: (204) 948-2826
Agent
Name
Stephen J. Grace
Contact information
Neville, Hall & Selkirk
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156

Party: Yeomans, Clifford George

Counsel
Name
C. Peter McLellan, Q.C.
Contact information
McInnes Cooper
1601 LOWER WATER ST
PO BOX 730 STN CENTRAL
HALIFAX, Nova Scotia
B3J 2V1
Telephone: (902) 425-6500
FAX: (902) 425-6350
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Mitchell, Director of Labour Standards forthe Province of Nova Scotia, Ross A.

This party is not represented by counsel.

Party: Mont, in capacity as chairman of the Labour Standards Tribunal (Nova Scotia), Stephen K.

This party is not represented by counsel.

Party: Martell, member of the Labour Standards Tribunal (Nova Scotia), Henry

This party is not represented by counsel.

Party: Hebb, member of the Labour Standards Tribunal (Nova Scotia), Ann

This party is not represented by counsel.

Party: Labour Standards Tribunal (Nova Scotia)

This party is not represented by counsel.

Party: Sobeys Stores Limited

Counsel
Name
David A. Miller
Contact information
Stewart McKelvey Stirling Scales
1959 Upper Water Street, Suite 900
PO Box 997
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3319
FAX: (902) 420-1417
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Attorney General of British Columbia

Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General for Ontario

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Names
Frank Iacobucci, Q.C.
James M. Mabbutt
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569

Party: Attorney General of Quebec

Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Manitoba

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Nova Scotia Federation of Labour

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

March 8, 1985
Provincial Administrative Tribunals of Nova Scotia

L.S.T. No. 441

Complaint allowed pursuant to s. 24 of the Labour Standard Code

October 25, 1985
Nova Scotia Court of Appeal

01430

Appeal allowed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13