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24169

Royal Oak Mines Inc. v. Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4, 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)
1997-07-23 Appeal closed
1996-04-04 Correspondence (sent by the Court) to, sent to Federal Court of Canada (Ottawa, ON) enclosing their record
1996-03-07 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa)
1996-03-07 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1996-03-07 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1996-03-07 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa, ON)
1996-02-22 Judgment on the appeal rendered, CJ L'HD So G Co McL Ma, The appeal is dismissed with costs, Sopinka, McLachlin and Major JJ. dissenting.
Dismissed, with costs
1996-02-22 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-02-22 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1996-02-22 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1995-11-07 General proceeding, transcript received and distributed to the justices (92 pages)
1995-10-30 Correspondence (sent by the Court) to, from McGrady, Askew to M. Larmour, letter dated Oct. 30/95 re: corrections to citations referred to in the Respondent Union's material
1995-10-30 General proceeding, 8 copies of SUMMARY OF CASES (GIVEN IN COURT BY THE APPELLANT) Royal Oak Mines Inc.
1995-10-30 Hearing of the appeal, 1995-10-30, CJ L'HD So G Co McL Ma
Decision reserved
1995-10-19 Correspondence (sent by the Court) to, from Nelligan, Power, letter dated Oct. 19/95 re: Mr. Leo McGrady, Ms. Gina Fiorillo and Mr. Lewis Gottheil will be present at the hearing of the appeal but will not address to the Court - fax copy
1995-10-10 Book of authorities, 10 copies Canada Labour Relations Board
1995-10-02 Order on motion to extend time, to file the factum
1995-10-02 Decision on motion to extend time, to file the factum to June 13/95, Reg
Granted, no order as to costs
1995-10-02 Hearing of motion to extend time, 1995-10-02, to file the factum to June 13/95, Reg
1995-10-02 Submission of motion to extend time, 1995-10-02, to file the factum to June 13/95, Reg
1995-09-29 Response to motion to extend time, to file the Respondent's factum to June 13/95 (Gowling, Strathy) - 1 copy Royal Oak Mines Inc.
1995-09-29 Affidavit, of Andrew K. Lokan (re: motion to file the Respondent's factum to June 13/95) - 1 copy Canada Labour Relations Board
1995-09-29 $50.00 filing fee for notice of motion, receipt no. 30782 Canada Labour Relations Board
1995-09-29 Motion to extend time, to file the Respondent's factum to June 13/95 - 1 copy Canada Labour Relations Board
1995-09-25 Appeal hearing scheduled, 1995-10-30
Decision reserved
1995-09-18 Affidavit, of Leo McGrady Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-09-18 Decision on motion to adjourn the hearing of the appeal, CJ
Dismissed, no order as to costs
1995-09-18 Hearing of motion to adjourn the hearing of the appeal, 1995-09-18, CJ
1995-09-18 Submission of motion to adjourn the hearing of the appeal, 1995-09-18, CJ
1995-09-18 Decision on miscellaneous motion, for an order scheduling the appeal for Oct 30/95, CJ
Granted, no order as to costs
1995-09-18 Hearing of miscellaneous motion, 1995-09-18, for an order scheduling the appeal for Oct 30/95, CJ
1995-09-18 Submission of miscellaneous motion, 1995-09-18, for an order scheduling the appeal for Oct 30/95, CJ
1995-09-15 $50.00 filing fee for notice of motion, receipt no. 30643 Royal Oak Mines Inc.
1995-09-15 Affidavit, of Andrew K. Lokan (fax copy) Canada Labour Relations Board
1995-09-15 Correspondence (sent by the Court) to, from Mark Edwards to M. Larmour, letter dated Sept. 15/95 re: intends to file a further brief affidavit in reply to the Appelllant's cross- motion filed on Sept. 14/95 (fax copy)
1995-09-14 Affidavit, of Michael A. Coady re: misc. motion for an order scheduling the within appeal on Oct. 30/95 - 2 copies, with service Royal Oak Mines Inc.
1995-09-14 Notice of miscellaneous motion, (for an order scheduling the within appeal on Oct. 30/95) - 2 copies - (extension of time requested), with service Royal Oak Mines Inc.
1995-09-11 $50.00 filing fee for notice of motion, to adjourn receipt #30617 Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-09-11 Affidavit, to the next session (of Leo McGrady) Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-09-11 Motion to adjourn the hearing of the appeal, to the next session (2 copies) Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-08-16 Correspondence (sent by the Court) to, from Leo McGrady, letter dated Aug. 16, 1995, fax copy re: adjournment of the appeal to Winter Session
1995-06-19 Notice of hearing, (1 copy), with service Royal Oak Mines Inc.
1995-06-13 Respondent's factum, 24 copies (motion to extend time requested), with service Canada Labour Relations Board
1995-06-13 Book of authorities, 10 copies, with service Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-06-13 Respondent's factum, 24 copies (see order of June 1/95), with service Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-06-05 Appeal perfected for hearing, Session beginning on 1995-10-02
1995-06-01 Order on motion to extend time, to file the factum to June 13/95
1995-06-01 Decision on motion to extend time, to file the factum to June 13/95, Reg
Granted, no order as to costs
1995-06-01 Hearing of motion to extend time, 1995-06-01, to file the factum to June 13/95, Reg
1995-06-01 Submission of motion to extend time, 1995-06-01, to file the factum to June 13/95, Reg
1995-05-30 Response to motion to extend time, to file the respondent's factum to June 13, 1995 (Michael A. Coady), with service Royal Oak Mines Inc.
1995-05-30 Affidavit, to file the respondent's factum to June 13, 1995 (Anne F. Malek), with service Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-05-30 Motion to extend time, to file the respondent's factum to June 13, 1995, with service Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1995-05-17 Correspondence (sent by the Court) to, of the Registrar to Mr. Paliare to confirm the receipt of his letter of May 3/95 re: status of Canadian Labour Relations Board
1995-05-03 Correspondence (sent by the Court) to, (by fax) from Chris G. Paliare; re: CLRB is a proper respondent in this appeal
1995-04-10 Book of authorities, 10 copies Royal Oak Mines Inc.
1995-04-10 Appellant's factum, 24 copies, with service Royal Oak Mines Inc.
1995-02-15 Certified casebook, 1 copy of vols. 1 to 9 Royal Oak Mines Inc.
1995-02-15 Appeal court record, 2 boxes
1995-02-07 Case on appeal, 24 copies of vols. 1 to 9, with service Royal Oak Mines Inc.
1994-11-25 Correspondence (sent by the Court) to, sent to Ladner Downs (Vancouver, BC) enclosing copy of Rule 32 c.c. Osler, Hoskin & Harcourt
1994-11-25 Correspondence (sent by the Court) to, sent to Canada Labour Relations Board (Ottawa, ON) enclosing copy of Rule 32
1994-11-25 Correspondence (sent by the Court) to, sent to McGrady, Askew & Fiorillo enclosing copy of Rule 32 c.c. Nelligan, Power
1994-11-10 Order granting leave to appeal
1994-11-08 Notice of deposit of security, receipt #2326, with service
1994-11-08 $500 security deposit paid, receipt #2326 Royal Oak Mines Inc.
1994-11-08 Notice of appeal, With service Royal Oak Mines Inc.
1994-10-31 Correspondence received from, from Johane Tremblay to A. Roland re: Canada Labour Relations Board will participate as a respondent in the hearing of this appeal and will file a factum Canada Labour Relations Board
1994-10-14 Notice of deposit of judgment issued to all parties, Canada Labour Relations Board (Ottawa, ON)
1994-10-14 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1994-10-14 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa, ON)
1994-10-13 Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1994-07-12 All materials on application for leave submitted to the Judges, LaF So Ma
1994-07-05 Proof of service, of the revised response to the application for leave to appeal
1994-06-30 Correspondence received from, from A. Malek re: re-filing a respondent's response not exceeding 20 pages
1994-06-28 Correspondence received from, from Pat Wilson to J. Tremblay re: enclosing a revised application for leave to appeal
1994-06-28 Correspondence received from, from Pat Wilson to M. Edwards re: enclosing a revised application for leave to appeal
1994-06-28 Correspondence received from, from Pat. Wilson to M. Larmour re: returning 5 copies of the REVISED application for leave to appeal
1994-06-24 Correspondence received from, from Johane Tremblay to Registrar re: Canada Labour Relations Board will not be filing any written submissions in response to the application for leave to appeal (TO BE SENT WITH THE APPLICATION FOR LEVE TO APPEAL)
1994-06-23 Applicant's reply to respondent's argument, 5 copies, with service Royal Oak Mines Inc.
1994-06-23 Correspondence received from, from Mark Edwards to Mr. Larmour re: suggesting that the motions be dealt with on July 4, 1994 at 10.00 a.m. (original filed June 27/94)
1994-06-23 Correspondence received from, from Mark Edwards to M. Larmour re: motion for a lenghty memorandum (fax copy)
1994-06-22 Correspondence received from, from Mark Edwards to M. Larmour re: requesting to postpone the hearing of the motion for a lenghty memorandum to June 29, 1994 p.m. (fax copy) (original filed June 28/94)
1994-06-20 Proof of service, of the respondent's memorandum
1994-06-14 Respondent's response on the application for leave to appeal, 5 copies (RETURNED FOR CORRECTION TO NELLIIGAN & POWER ON JUNE 29, 1994) (BACK FROM CORRECTION ON JUNE 30, 1994) - REVISED (N.B. NOT EXCEEDING 20 PAGES), with service Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1994-06-14 Response to the motion to file a lengthy memorandum of argument, (letterform) Royal Oak Mines Inc.
1994-06-14 Affidavit, SUPPLEMENTARY (of Leo McGrady) Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1994-06-13 Correspondence received from, sent to Osler, Hoskini & Harcourt (Ottawa, ON) cc. Leo McGrady to acknowledge receipt of application for leave to appeal and missing Formal trial Ct. judg. and formal Appeal Ct. judg (F.C.A.)
1994-06-08 Correspondence received from, from Ladner, Downs; re: consents to an extension of time to file the respondent's response and to lengthy argument Royal Oak Mines Inc.
1994-06-08 Affidavit, (namely 30 pages); Leo McGrady; joint with the applicant Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1994-06-08 Motion to file a lengthy memorandum of argument, (namely 30 pages) joint with the applicant Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1994-06-08 Affidavit, to serve and file the response to June 15/94; Leo McGrady Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1994-06-08 Motion to extend time, to serve and file the response to June 15/94 Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4
1994-05-20 $30.00 filing fee, receipt no. 24604 Royal Oak Mines Inc.
1994-05-20 Application for leave to appeal, 5 copies (formal order of F.C.A. missing) (returned for correction June 28/94) (BACK FROM CORRECTION JUNE 28, 1994 - SEE LETTER JUNE 28, 1994), with service, Completed on: 1994-06-28 Royal Oak Mines Inc.

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
Royal Oak Mines Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4 Respondent Active
Canada Labour Relations Board Respondent Active

Counsel

Party: Royal Oak Mines Inc.

Counsel
Name
Edward C. Chiasson, Q.C.
Contact information
Ladner Downs
200 BURRARD ST
PO BOX 48600 STN BENTALL CTR
VANCOUVER, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Canadian Association of Smelter and Allied Workers (CASAW), Local No. 4

Counsel
Name
Leo McGrady
Contact information
McGrady, Askew & Fiorillo
500 - 2695 GRANVILLE ST
VANCOUVER, British Columbia
V6H 3H4
Telephone: (604) 734-4777
FAX: (604) 734-1109
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Canada Labour Relations Board

Counsel
Names
Dominique Launay
Chris G. Paliare
Contact information
Canada Industrial Relations Board
240 Sparks St
4th Floor West
Ottawa, Ontario
K1A 0X8
Telephone: (613) 996-9466
FAX: (613) 947-5460
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

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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 24, 1994
Federal Court of Appeal

A-695-93

appeal dismissed

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

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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.

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Date modified: 2025-05-13