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23877

Barrys Limited v. Fishermen, Food and Allied Workers' Union, et al.

(Newfoundland & Labrador) (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)
1995-01-11 Certificate of taxation issued to, Gowling, Strathy & Henderson
1995-01-11 Fee on taxation $30, receipt #21491 Fishermen, Food and Allied Workers' Union
1994-12-21 Decision on the objection to the taxation of the bill of costs, Reg, Registrar: I have reconsidered the taxation issue d on October 27, 1994 in the light of the argument s filed by the parties. Respondent's argument per suaded me that the view I originally took of "proc eedings before the Court: under item 21 of the Tar iff was too narrow. Therefore, I modify the taxa tion to include $629.92 for the travel expenses du e to the cross-examination. Costs are taxed accor dingly.
Granted, no order as to costs
1994-12-21 Hearing of objection to taxation of bill of costs, 1994-12-21, Reg
1994-12-21 Submission of objection to taxation of bill of costs, 1994-12-21, Reg
1994-12-08 General proceeding, 1 copy of reply on objection to taxation Fishermen, Food and Allied Workers' Union
1994-12-05 General proceeding, 2 copies of response to the taxation objection, with service Barrys Limited
1994-11-22 Objection to the taxation of the bill of costs, 2 copies, with service Fishermen, Food and Allied Workers' Union
1994-10-27 Decision on the bill of costs, by the Registrar at $1,623.89
1994-10-20 Affidavit, of D. Paul Althouse in opposition to the taxation; 2 copies, with service Barrys Limited
1994-10-17 Affidavit, of Sheila H. Greene re: THIS AFFIDAVIT IS FOR THE PURPOSE OF A TAXATION OF A BILL OF COSTS, with service Fishermen, Food and Allied Workers' Union
1994-07-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Newfoundland (St-John)
1994-07-08 Copy of formal judgment on leave being prepared, O'Brien, Furey, Smith (St. John's, NFLD)
1994-07-08 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-07-08 Copy of formal judgment on leave being prepared, Osler, Hoskin & Harcourt (Ottawa, ON)
1994-06-02 Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1994-06-02 Notice of deposit of judgment issued to all parties, O'Brien, Furey, Smith (St. John's, NFLD)
1994-06-02 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-06-02 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1994-04-06 Proof of service, of the reply (Sheila H. Greene)
1994-04-06 Proof of service, of the reply (Jamie M. Smith)
1994-03-30 General proceeding, to note 5 copies of Exhibits to the transcripts to cross-examination of W.F. Barry sent to LaF So Ma, April 5/94 Fishermen, Food and Allied Workers' Union
1994-03-25 Proof of service, of response
1994-03-25 Proof of service, of response
1994-03-21 All materials on application for leave submitted to the Judges, LaF So Ma
1994-03-18 Applicant's reply to respondent's argument, 5 copies Barrys Limited
1994-03-11 Respondent's response on the application for leave to appeal, 5 copies (see order of Registrar dated Feb. 4/94; cross-examination at tab C, dated Feb. 28/94) Fishermen, Food and Allied Workers' Union
1994-02-04 Order on miscellaneous motion, re: leave to cross-examine affidavit of W.F. Barry
1994-02-04 Order on motion to extend time, to file its response to within 2 weeks of ...
1994-02-04 Decision on motion to extend time, to serve and file its response to within 2 weeks of the completion of the cross-examination of W.F. Barry, in accordance with the Order of La Forest J dated Jan 19/94, Reg
Granted, no order as to costs
1994-02-04 Hearing of motion to extend time, 1994-02-04, to serve and file its response to within 2 weeks of the completion of the cross-examination of W.F. Barry, in accordance with the Order of La Forest J dated Jan 19/94, Reg
1994-02-04 Submission of motion to extend time, 1994-02-04, to serve and file its response to within 2 weeks of the completion of the cross-examination of W.F. Barry, in accordance with the Order of La Forest J dated Jan 19/94, Reg
1994-01-19 Decision on the miscellaneous motion, for leave to cross-examine the affidavit of William F. Barry, LaF
Granted, no order as to costs
1994-01-19 Hearing of miscellaneous motion, 1994-01-19, for leave to cross-examine the affidavit of William F. Barry, LaF
1994-01-19 Submission of miscellaneous motion, 1994-01-19, for leave to cross-examine the affidavit of William F. Barry, LaF
1994-01-07 General proceeding, (MOTION FOR LEAVE TO CROSS-EXAMINE REFERRED TO LaF J. TODAY TO BE DEALT WITH ON THE BASIS OF WRITTEN SUBMISSIONS ONLY)
1994-01-06 Proof of service, of the reply of the motion to cross-examine (service on Dec. 30, 1993 - book form), with service
1993-12-30 General proceeding, 10 copies of reply to response to motion, with service Barrys Limited
1993-12-24 General proceeding, (2 copies) argument of the respondent Union on his motion to cross-examine, with service Fishermen, Food and Allied Workers' Union
1993-12-21 Respondent's response on the application for leave to appeal, 5 copies Labour Relations Board
1993-12-20 Correspondence received from, from Osler; re: consent to the extensin of time to file the respondent's Fishermen response Barrys Limited
1993-12-20 Correspondence received from, (by fax) from Gowling; re: need not attend as consent filed Fishermen, Food and Allied Workers' Union
1993-12-20 Proof of service, of Notice of motion to extend time to file the response with affidavit of E.V.B.
1993-12-17 Affidavit, to serve and file the response to Dec. 21/93; 3 copies; Eduard J. Van Bemmel Fishermen, Food and Allied Workers' Union
1993-12-17 Motion to extend time, to serve and file the response to Dec. 21/93; 3 copies Fishermen, Food and Allied Workers' Union
1993-12-17 General proceeding, affidavit of Jane M. Jago in response to the First Respondent's motion for leave to cross- examine William F. Barry Barrys Limited
1993-12-09 Proof of service, of the application for leave to appeal admitted on Dec. 2/93
1993-12-07 Affidavit, for cross-examination; Sheila H. Greene, with service Fishermen, Food and Allied Workers' Union
1993-12-07 Notice of miscellaneous motion, for cross-examination, with service Fishermen, Food and Allied Workers' Union
1993-12-01 $30.00 filing fee, #27912 Barrys Limited
1993-12-01 Application for leave to appeal, 5 copies (service missing), Completed on: 1993-12-09 Barrys Limited

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
Barrys Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Fishermen, Food and Allied Workers' Union Respondent Active
Labour Relations Board Respondent Active

Counsel

Party: Barrys Limited

Counsel
Name
Joseph S. Hutchings
Contact information
Poole, Althouse, Clarke, Thompson & Thomas
49 - 51 Park Street
P.O. Box 812, Stn. Main
Corner Brook, Newfoundland & Labrador
A2H 6H7
Telephone: (709) 634-7241
FAX: (709) 634-8247
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: Fishermen, Food and Allied Workers' Union

Counsel
Name
Sheila H. Greene
Contact information
Williams Roebothan McKay & Marshall
209 DUCKWORTH ST
PO BOX 5236 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5W1
Telephone: (709) 753-5805
FAX: (709) 753-5221
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: Labour Relations Board

Counsel
Name
Jamie M. Smith
Contact information
O'Brien, Furey, Smith
279 DUCKWORTH ST
ST JOHN'S, Newfoundland & Labrador
A1C 1G9
Telephone: (709) 722-0637
FAX: (709) 722-6780

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

February 24, 1993
Supreme Court of Newfoundland and Labrador, Court of Appeal

x

application adjourned sine die; respondent Union's application allowed

October 12, 1993
Supreme Court of Newfoundland and Labrador - Court of Appeal

48

appeal allowed in part

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

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Webcasts

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Date modified: 2025-02-27