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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.

List of proceedings
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

Main parties - Appellants
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.

Main parties - Respondents
Name Role Status
Canadian Pacific Limited Respondent Active

And Between

Sub parties (1) - Appellants
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.

Sub parties (1) - Respondents
Name Role Status
Canadian National Railway Company Respondent Active

Counsel

Party: Brotherhood of Maintenance of Way Employees

Counsel
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Douglas J. Wray
Caley & Wray
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
Katharine F. Braid
Canadian Pacific
360 - 601 CORDOVA ST W
VANCOUVER, British Columbia
V6B 1G1
Telephone: (604) 681-8851
FAX: (604) 688-0099

Party: Canadian National Railway Company

Counsel
Alphonse Giard
Canadian National Railway Company
935 RUE DE LA GAUCHETIERE O 11e ÉTAGE
MONTRÉAL, Quebec
H3B 2M9
Telephone: (514) 399-4775

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

July 18, 1988
Federal Administrative Tribunals of Ontario

Not available

Order that Resp's could operate cabooseless trains if certain conditions met

March 21, 1989
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

Not available

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

Not available

Webcasts

Not available.

Date modified: 2025-02-27