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24317

Canadian Pacific Limited v. Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation

(British Columbia) (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)
1996-09-27 Appeal closed
1996-07-05 Record returned to the Registrar of the Court of Appeal, (1 env.)
1996-07-04 Correspondence (sent by the Court) to, from McGrady, Askew to Registrar, letter dated July 4/96 re: Federal Court's decision in Canada Human Rights Commission and Canadian Liberty Net (fax copy)
1996-06-13 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-06-13 Copy of formal judgment being prepared, Nelligan, Power
1996-06-10 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1996-05-06 General proceeding, trasncripts received and distributed to the judges (25 pages)
1996-04-22 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1996-04-22 Hearing of the appeal, 1996-04-22, CJ LaF L'HD So G Co McL Ia Ma
1996-04-19 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1996-04-16 Supplemental document, book of authorities; 10 copies Canadian Pacific Limited
1996-04-04 Correspondence (sent by the Court) to, of Anne F. Malek (Nelligan Power) re: duration of argument
1996-04-03 Notice of hearing, With service Canadian Pacific Limited
1996-03-28 Appeal hearing scheduled, 1996-04-22
1996-03-12 Appeal court record, (accordeon)
1996-03-11 Book of authorities, 10 copies, with service, Completed on: 1996-03-11 Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1996-02-14 Appeal perfected for hearing, Session beginning on 1996-04-22
1996-02-13 Respondent's factum, 24 copies, with service, Completed on: 1996-02-13 Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1996-01-18 Order on motion to extend time, to file the factum to Dec 22/95
1996-01-17 Decision on motion to extend time, to file the factum to Dec 22/95, Reg
Granted, no order as to costs
1996-01-17 Hearing of motion to extend time, 1996-01-17, to file the factum to Dec 22/95, Reg
1996-01-17 Submission of motion to extend time, 1996-01-17, to file the factum to Dec 22/95, Reg
1996-01-16 Correspondence (sent by the Court) to, of Anne F. Malek (Nelligan Power) to advise the Court that the respondent neither opposes nor consents to the extension of time made by the appellant
1996-01-09 Affidavit, of W. A. S. MacFarlane (re: motion to extend the time to file the appellant's factum to Dec. 22/95), with service Canadian Pacific Limited
1996-01-09 $50.00 filing fee for notice of motion, receipt no. 31356 Canadian Pacific Limited
1996-01-09 Motion to extend time, to file the appellant's factum to Dec. 22/95, with service, Completed on: 1996-01-09 Canadian Pacific Limited
1996-01-09 Book of authorities, 10 copies of vols. 1 and 2, Completed on: 1996-01-09 Canadian Pacific Limited
1995-12-22 Appellant's factum, 24 copies., with service Canadian Pacific Limited
1995-11-01 Proof of service, of Case on Appeal
1995-10-30 Certified casebook, 1 copy Canadian Pacific Limited
1995-10-30 Case on appeal, 23 copies Canadian Pacific Limited
1995-08-21 Close file on Leave
1995-08-21 Notice of deposit of security, (1 copy), with service
1995-08-18 $500 security deposit paid, direction #2351 Canadian Pacific Limited
1995-08-14 Correspondence (sent by the Court) to, sent to Canadian Pacific Legal Services (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1995-08-14 Correspondence (sent by the Court) to, sent to McGrady, Askew & Fiorillo (Vancouver, BC) enclosing copy of Rule 32 c.c. Nelligan, Power
1995-08-01 Order granting leave to appeal
1995-07-31 Notice of appeal, (1 copy), with service Canadian Pacific Limited
1995-07-21 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-07-21 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1995-07-20 Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1995-06-19 Order on motion to extend time, to file the response to the motion to permit the filing of a case comment to June 15/95
1995-06-19 Decision on motion to extend time, to file the response to the motion to permit the filing of a case comment to June 15/95, Reg
Granted, no order as to costs
1995-06-19 Hearing of motion to extend time, 1995-06-19, to file the response to the motion to permit the filing of a case comment to June 15/95, Reg
1995-06-19 Submission of motion to extend time, 1995-06-19, to file the response to the motion to permit the filing of a case comment to June 15/95, Reg
1995-06-15 $50.00 filing fee for a notice of motion, to file a response to case comment receipt #30314 Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-06-15 General proceeding, to note 5 copies of the response to a motion to permit the filing of a case comment, sent to L'HD So McL, June 19/95, with service Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-06-15 Response to motion to extend time, to file the response to the motion to permit the filing of a case comment to June 15/95 Canadian Pacific Limited
1995-06-15 Affidavit, to file the response to the motion to permit the filing of a case comment (of Anne F. Malek) Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-06-15 Motion to extend time, to file the response to the motion to permit the filing of a case comment to June 15/95 Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-06-12 Correspondence received from, (by fax) from Nelligan, Power; re: respondent will require an extension of time to serve and file a written response Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-06-09 Correspondence received from, (by fax) from Nelligan, Power; re: will be filing written representations within 7 days of June 5 Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-06-05 $50.00 filing fee for a notice of motion, receipt #30239 Canadian Pacific Limited
1995-06-05 Affidavit, W.A. Scott Macfarlane; 2 copies (original filed June 9/95), with service Canadian Pacific Limited
1995-06-05 Notice of miscellaneous motion, for an Order permitting the filing of a case comment by Donald J. Jordan, Q.C.; 2 copies sent to L'HD So McL, June 7/95, with service Canadian Pacific Limited
1995-05-26 Correspondence received from, from W. A. Scott Macfarlane to A. Roland, letter dated May 25, 1995 re: he will file a motion as required shortly (fax copy) Canadian Pacific Limited
1995-05-17 Correspondence received from, of the Registrar to Mr. Macfarlane to acknowledge receipt of his letter of April 26/95 and attached copy of the case comment by Donald J. Jordan, Q.C. He has to bring a motion before his material can be put before the Court
1995-04-28 Correspondence received from, (by fax) of Kate A. Hughes (McGrady, Askey & Fiorello) dated April 28/95 opposing that the "Case Comment" and the applicant's letter dated April 26/95 be submitted for consideration by the panel (original filed May 8/95) Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1995-04-26 Correspondence received from, ofW.A Scott Macfarlane (Canadian Pacific Legal Services) dated April 26/95 with a copy of a comment by Donald J. Jordan, Q.C. published in the Employment and Labour Law Reporter, Canadian Pacific Limited
1994-11-23 General proceeding, 5 copies of the formal order of the Court of Appeal sent to L'HD So McL, Nov 23/94 Canadian Pacific Limited
1994-11-03 Proof of service, of the applicant's reply
1994-11-03 All materials on application for leave submitted to the Judges, L'HD So McL
1994-11-02 Applicant's reply to respondent's argument, 5 copies Canadian Pacific Limited
1994-11-01 Proof of service, of the application for leave to appeal
1994-10-25 Respondent's response on the application for leave to appeal, 5 copies, with service Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation
1994-10-14 Correspondence received from, sent to McGrady, Askew & Fiorillo (Vancouver, BC) enclosing copy of letter dated Oct 14/94 sent to applicant
1994-10-14 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of application for leave to appeal
1994-10-06 Court of Appeal casebooks and transcripts of evidence, 3 copies of appeal book
1994-10-06 $30.00 filing fee, receipt #21042 Canadian Pacific Limited
1994-10-06 Application for leave to appeal, 5 copies (missing proof of service and formal C.A. Order), Completed on: 1994-11-01 Canadian Pacific 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
Canadian Pacific Limited Applicant Active

v.

Main parties - Respondents
Name Role Status
Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation Respondent Active

Counsel

Party: Canadian Pacific Limited

Counsel
Names
W.A. Macfarlane
H.C. Wendlandt
Contact information
Lawson, Lundell, Lawson & McIntosh
1600 - 925 GEORGIA ST W
VANCOUVER, British Columbia
V6C 3L2
Telephone: (604) 685-3456
FAX: (604) 669-1620
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

Party: Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation

Counsel
Name
Kate Hughes
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

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

June 10, 1993
Supreme Court of British Columbia

C933139

see file

June 6, 1994
Court of Appeal for British Columbia (Vancouver)

CA017361

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

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