Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21468
Brotherhood of Maintenance of Way Employees, et al. v. Canadian Pacific Limited, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1990-03-27 | Copy of formal judgment on leave being prepared, Alphonse Giard, Q.C. (Mtl,QC) | |
| 1990-03-27 | Copy of formal judgment on leave being prepared, Katherine R. Braid (Toronto,ON) | |
| 1990-03-27 | Copy of formal judgment on leave being prepared, Caley & Wray (Toronto,ON) | |
| 1990-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. (Ottawa,ON) | |
| 1989-12-13 | Close file on Leave | |
| 1989-09-07 | Notice of deposit of judgment issued to all parties, Alphonse Giard (Montréal,Qc) | |
| 1989-09-07 | Notice of deposit of judgment issued to all parties, Katherine R. Braid (Toronto,ON) | |
| 1989-09-07 | Notice of deposit of judgment issued to all parties, Caley & Wray (Toronto,ON) | |
| 1989-08-31 |
Judgment of the Court on the application for leave to appeal, W LaF Co, The application for leave to appeal is dismissed with costs. Dismissed, with costs |
|
| 1989-08-31 | Hearing of the application for leave to appeal, 1989-08-31, W LaF Co | |
| 1989-08-31 | All materials on application for leave submitted to the Judges, 1989-08-31, W LaF Co | |
| 1989-06-19 | All materials on application for leave submitted to the Judges, W LaF Co | |
| 1989-05-25 | Respondent's response on the application for leave to appeal, , 5 copies, with service | Canadian Pacific Limited |
| 1989-05-23 | Respondent's response on the application for leave to appeal, , 5 copies, with service | Canadian National Railway Company |
| 1989-05-18 | Order on motion to file a lengthy memorandum of argument | |
| 1989-05-17 |
Decision on motion to file a lengthy memorandum of argument, L'HD Granted, no order as to costs |
|
| 1989-05-17 | Hearing of motion to file a lengthy memorandum of argument, 1989-05-17, L'HD | |
| 1989-05-17 | Submission of motion to file a lengthy memorandum of argument, 1989-05-17, L'HD | |
| 1989-05-16 | Response to the motion to file a lengthy memorandum of argument | Canadian National Railway Company |
| 1989-05-04 | Book of authorities, , 5 copies, with service | Brotherhood of Maintenance of Way Employees |
| 1989-05-04 | Court of Appeal casebooks and transcripts of evidence, , 3 copies vols. 1 to 3, with service | |
| 1989-05-04 | Response to the motion to file a lengthy memorandum of argument, , 5 copies | Canadian Pacific Limited |
| 1989-05-04 | Affidavit, , 5 copies, with service | Brotherhood of Maintenance of Way Employees |
| 1989-05-04 | Motion to file a lengthy memorandum of argument, , 5 copies, with service | Brotherhood of Maintenance of Way Employees |
| 1989-05-04 | $30.00 filing fee, receipt # 14145 | Brotherhood of Maintenance of Way Employees |
| 1989-05-04 | Application for leave to appeal, , 5 copies, with service, Completed on: 1989-05-04 | Brotherhood of Maintenance of Way Employees |
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
| Name | Role | Status |
|---|---|---|
| Brotherhood of Maintenance of Way Employees | Applicant | Active |
| Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express and Station Employees | Applicant | Active |
| Canadian Brotherhood of Railway, Transport and General Workers | Applicant | Active |
| Canadian Division of Brotherhood of Railway | Applicant | Active |
| CARMEN of the United States and Canada | Applicant | Active |
| Cdn. Div. Intern. Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers | Applicant | Active |
| Canadian Signal and Communications Union | Applicant | Active |
| International Brotherhood of Electrical Workers | Applicant | Active |
| International Brotherhood of Locomotive Engineers, a.k.a. Brotherhood of Locomotive Engineers | Applicant | Active |
| United Transportation Union (collectively known & represented as the Associated Railway Unions). | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Pacific Limited | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Brotherhood of Maintenance of Way Employees | Applicant | Active |
| Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express and Station Employees | Applicant | Active |
| Canadian Brotherhood of Railway, Transport and General Workers | Applicant | Active |
| Canadian Division of Brotherhood of Railway | Applicant | Active |
| CARMEN of the United States and Canada | Applicant | Active |
| Cdn. Div. Intern. Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers | Applicant | Active |
| Canadian Signal and Communications Union | Applicant | Active |
| International Brotherhood of Electrical Workers | Applicant | Active |
| International Brotherhood of Locomotive Engineers, a.k.a. Brotherhood of Locomotive Engineers | Applicant | Active |
| United Transportation Union (collectively known & represented as the Associated Railway Unions). | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian National Railway Company | Respondent | Active |
Counsel
Party: Brotherhood of Maintenance of Way Employees
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express and Station Employees
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: Canadian Brotherhood of Railway, Transport and General Workers
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: Canadian Division of Brotherhood of Railway
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: CARMEN of the United States and Canada
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: Cdn. Div. Intern. Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: Canadian Signal and Communications Union
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: International Brotherhood of Electrical Workers
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: International Brotherhood of Locomotive Engineers, a.k.a. Brotherhood of Locomotive Engineers
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: United Transportation Union (collectively known & represented as the Associated Railway Unions).
Counsel
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Party: Canadian Pacific Limited
Counsel
360 - 601 CORDOVA ST W
VANCOUVER, British Columbia
V6B 1G1
Telephone: (604) 681-8851
FAX: (604) 688-0099
Party: Canadian National Railway Company
Counsel
935 RUE DE LA GAUCHETIERE O 11e ÉTAGE
MONTRÉAL, Quebec
H3B 2M9
Telephone: (514) 399-4775
Summary
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Summary
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Lower court rulings
Federal Administrative Tribunals of Ontario
Not available
Order that Resp's could operate cabooseless trains if certain conditions met
Federal Court of Appeal
A-834-88
Section 28 application allowed & portions of decision of Arbitrator set aside
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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