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Case information

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24972

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)
1996-09-24 Close file on Leave
1996-07-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Newfoundland (St-John)
1996-07-10 Copy of formal judgment on leave being prepared, Burke-Robertson
1996-07-10 Copy of formal judgment on leave being prepared, O'Brien, Furey, Smith (St. John's, NF)
1996-07-10 Copy of formal judgment on leave being prepared, Osler, Hoskin & Harcourt
1996-07-10 Copy of formal judgment on leave being prepared, Williams, Roebothan, McKay & Marshall (St. John's, NF)
1996-05-02 Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1996-05-02 Notice of deposit of judgment issued to all parties, Burke-Robertson
1996-05-02 Notice of deposit of judgment issued to all parties, O'Brien, Furey, Smith (St. John's, NF)
1996-05-02 Notice of deposit of judgment issued to all parties, Osler, Hoslin & Harcourt
1996-05-02 Notice of deposit of judgment issued to all parties, Williams, Roebothan, McKay & Marshall (St. John's, NF)
1996-02-14 All materials on application for leave submitted to the Judges, LaF Co Ma
1996-01-25 Proof of service, of reply (original received on Feb. 5/96)
1996-01-11 Applicant's reply to respondent's argument, 5 copies, Completed on: 1996-01-11 Barrys Limited
1996-01-03 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-01-03 Fishermen, Food and Allied Workers' Union
1996-01-03 Decision on motion to extend time, to file the response to Dec 31/95, Reg
Granted, no order as to costs
1996-01-03 Hearing of motion to extend time, 1996-01-03, to file the response to Dec 31/95, Reg
1996-01-03 Submission of motion to extend time, 1996-01-03, to file the response to Dec 31/95, Reg
1996-01-02 Proof of service, on Fishermen of the leave application
1995-12-22 $50.00 filing fee for a notice of motion, receipt #31305 Fishermen, Food and Allied Workers' Union
1995-12-22 Response to motion to extend time, to file the first respondent's response to Dec. 31/95 Labour Relations Board
1995-12-22 Response to motion to extend time, to file the respondent's response to Dec. 31/95 Barrys Limited
1995-12-22 Affidavit, to file the response to Dec. 31/95; John J. Harris Fishermen, Food and Allied Workers' Union
1995-12-22 Motion to extend time, to file the response to Dec. 31/95 Fishermen, Food and Allied Workers' Union
1995-11-29 Proof of service, of the application for leave to appeal to Labour Relations Board (Jamie Smith) and Att. Gen. of Nfld. (John McCarthy); the service to Fishermen, Food will come later
1995-11-06 Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated Nov 6/95 sent to applicant
1995-11-06 Correspondence received from, sent to O'Brien, Furey, Smith (St. John's, NF) enclosing copy of letter dated Nov 6/95 sent to applicant
1995-11-06 Correspondence received from, sent to Williams, Roebothan, McKay & Marshall (St. John's, Newfoundland) enclosing copy of letter dated Nov 6/95 sent to applicant
1995-11-06 Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee
1995-11-03 Correspondence received from, of Joseph S. Hutchings (Poole, Althouse) to advise the Court that NO Formal Order was filed in the Trial Division nor was any Formal Order filed in the Court of Appeal Barrys Limited
1995-10-27 Court of Appeal casebooks and transcripts of evidence, 3 Copies
1995-10-27 $50.00 filing fee, receipt #30951 Barrys Limited
1995-10-27 Application for leave to appeal, 5 copies (lower Court orders and service missing) (TO BE SENT WITH 24897), Completed on: 1995-11-03 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
Attorney General of Newfoundland Respondent Active

Counsel

Party: Barrys Limited

Counsel
Joseph S. Hutchings
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
Patricia J. Wilson
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: Fishermen, Food and Allied Workers' Union

Counsel
John J. Harris
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

Party: Labour Relations Board

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

Party: Attorney General of Newfoundland

Counsel
Lynn E. Spracklin, Q.C.
Attorney General of Newfoundland
CONFEDERATION BLDG
PO BOX 8700
ST JOHN'S, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2872
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

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

August 1, 1995
Supreme Court of Newfoundland and Labrador - Court of Appeal

164

appeal dismissed

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

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Webcasts

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Date modified: 2025-02-27