Case information

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)
2000-10-24	Approved order for payment out, (Sent to Finance Nov. 8/2000)
1999-10-27	Appeal closed
1999-10-27	Formal judgment sent to the registrar of the court of appeal and all parties
1999-10-27	Copy of formal judgment being prepared
1999-10-19	Record returned to the Registrar of the Court of Appeal
1999-09-10	Notice of deposit of judgment sent to all parties
1999-09-09	Judgment on the appeal rendered, CJ L'HD G Co Ia Ma Bi, The appeal is allowed with costs. The judgment of the New Brunswick Court of Appeal is set aside, and the order of the trial judge enjoining United Food and Commercial Workers International Union, Local 1288P and its members from peacefully distributing leaflets is quashed. It is not necessary to answer the constitutional questions. Allowed, with costs
1999-03-05	Transcript received, and distributed to the justices (95 pages)
1999-02-15	Hearing of the appeal, 1999-02-15, video # V012, V013, CJ L'HD G Co Ia Ma Bi Judgment reserved
1999-02-15	Supplemental document, book of excerpts (given in Court) - 8 copies	Canadian Labour Congress
1999-02-12	Supplemental document, (suppl. authorities) 11 copies	United Food and Commercial Workers International Union, Local 1288P
1999-02-10	Reply factum on appeal, by the Respondents' to the factum of the intervener, Canadian Civil Liberties Association (see MajorJ.'s Order dated Jan. 15/99 - 24 copies book form) sent to CJ L'HD G Co I Ma Bi, Feb. 11/99, Completed on: 1999-02-10	Allsco Building Products Ltd., a body corporate
1999-02-05	Order on motion to extend time, to file the factum
1999-02-03	Notice of appearance, David W. Clark and Lynn M. Walsworth	Allsco Building Products Ltd., a body corporate
1999-01-28	Decision on motion to extend time, to serve and file the factum of the intervener A.G. of B.C. to Jan. 6/99, Reg Granted, no order as to costs
1999-01-28	Submission of motion to extend time, by B.C., Reg
1999-01-27	Correspondence received, de J. Arvay, counsel for Labour Relations Board of B.C. in 26209 re: would prefer to have the 2 appeals argued concurrently (fax copy)
1999-01-25	Book of authorities, (Joint with 26209), Completed on: 1999-01-25	Canadian Civil Liberties Association
1999-01-25	Intervener's factum, Completed on: 1999-01-25	Canadian Civil Liberties Association
1999-01-25	Intervener's factum, (joint with 26209), Completed on: 1999-01-25	Pepsi-Cola Canada Beverages (West) Ltd.
1999-01-25	Response to motion to extend time, to the motion by A.G.B.C., Completed on: 1999-01-25	Allsco Building Products Ltd., a body corporate
1999-01-25	Notice of hearing	United Food and Commercial Workers International Union, Local 1288P
1999-01-22	Response to motion to extend time, does not oppose to the motion by A.G.B.C. (Nelligan & Power) - fax copy, Completed on: 1999-01-22	United Food and Commercial Workers International Union, Local 1288P
1999-01-19	Motion to extend time, to file the factum to Jan. 6, 1999, Completed on: 1999-01-19	Attorney General of British Columbia
1999-01-15	Order on motion for leave to intervene, for order of Major J. see file
1999-01-15	Order on motion for leave to intervene, for order of Major J. see file
1999-01-15	Order on motion to extend time, to intervene for order of Major J. see file
1999-01-15	Order on motion to extend time, to intervene for order of Major J. see file
1999-01-15	Decision on motion to extend time, to intervene, on behalf of Canadian Civil Liberties Association and Pepsi Cola Canada Beverages, Ma Granted, no order as to costs
1999-01-15	Decision on the motion for leave to intervene, Ma, by the Pepsi-Cola Canada Beverages (West) Ltd. The applicant shall be entitled to serve and file a factum not to exceed 20 pages by Jan. 25/99 and to present oral argument not to exceed 15 minutes. Any party adverse interest to these interveners may file a reply to the filed intervention by Feb. 10/99 Granted, no order as to costs
1999-01-15	Decision on the motion for leave to intervene, Ma, by the Canadian Civil Liberties Association. The applicant shall be entitled to serve and file a factum not to exceed 20 pages by Jan. 25/99 and to present oral argument not to exceed 15 minutes. Any party adverse interest to these interveners may file a reply to the filed intervention by Feb. 10/99 Granted, no order as to costs
1999-01-13	Submission of motion to extend time, by Pepsi-Cola & CCLA, Ma
1999-01-13	Submission of motion for leave to intervene, by Pepsi-Cola & CCLA, Ma
1999-01-13	Reply to the motion for leave to intervene, to the responses by Allsco Building Products and KMart - fax copy, Completed on: 1999-01-13	Canadian Civil Liberties Association
1999-01-13	Appeal hearing scheduled, 1999-02-15 Judgment reserved
1999-01-11	Response to the motion for leave to intervene, by Canadian Civil Liberties, Completed on: 1999-01-11	Allsco Building Products Ltd., a body corporate
1999-01-11	Response to motion to extend time, to intervention of Canadian Civil Liberties, Completed on: 1999-01-11	Allsco Building Products Ltd., a body corporate
1999-01-08	Response to the motion for leave to intervene, ( by Pepsi Cola) - 5 copies, Completed on: 1999-01-08	United Food and Commercial Workers International Union, Local 1288P
1999-01-07	Response to motion to extend time, to intervene by Pepsi-Cola (bookform), Completed on: 1999-01-07	Allsco Building Products Ltd., a body corporate
1999-01-07	Response to the motion for leave to intervene, by Pepsi-Cola (bookform), Completed on: 1999-01-07	Allsco Building Products Ltd., a body corporate
1999-01-06	Intervener's factum, (extension of time requested), Completed on: 1999-01-06	Attorney General of British Columbia
1998-12-30	Motion to extend time, (joint), Completed on: 1998-12-30	Pepsi-Cola Canada Beverages (West) Ltd.
1998-12-30	Motion for leave to intervene, (joint with motion to extend the time and with 26209) - 2 copies - book form, Completed on: 1998-12-30	Pepsi-Cola Canada Beverages (West) Ltd.
1998-12-29	Response to the motion for leave to intervene, (Letter Form), (responding to the intervention by CCLA)(fax copy) (letter dated Dec. 29, 1998 from Anne Marshall), Completed on: 1998-12-29	United Food and Commercial Workers International Union, Local 1288P
1998-12-17	Motion for leave to intervene, (joint with motion to extend the time), Completed on: 1998-12-17	Canadian Civil Liberties Association
1998-12-17	Motion to extend time, to file the motion to intervene to Dec. 17, 1998 - book form (joint with motion to intervene), Completed on: 1998-12-17	Canadian Civil Liberties Association
1998-12-14	Correspondence received, (Letter Form), from Ladner, Downs, counsel for the Respondent, KMart in 26209) re: disagree with Mr. Marshall's characterization of the KMart case (joint with 26209)
1998-12-11	Correspondence received from, (by fax) from Clark & Co.; re: reiterate the position mentioned in letter dated Oct. 30 (service on Dec. 11, 1998)	Allsco Building Products Ltd., a body corporate
1998-12-11	Correspondence received from, (by fax) from Nelligan, Power; re: that both appeal should be heard in the following order: 1. appellants; 2. interveners on appellant's side; 3.respondents; 4. interveners on the respondent's side; and 5. appellants' reply (joint with 26209)	United Food and Commercial Workers International Union, Local 1288P
1998-12-10	Reply factum on appeal, to the factum of the intervener Canadian Labour Congress (see order of Ma of June 22/98), Completed on: 1998-12-10	Allsco Building Products Ltd., a body corporate
1998-11-26	Order on motion to extend time, to serve and file the factum and book of authorities
1998-11-26	Decision on motion to extend time, to serve and file the A.G. of N.B. factum to Nov. 2/98 nunc pro tunc and book of authorities to Nov. 5/98 nunc pro tunc, Reg Granted, no order as to costs
1998-11-26	Submission of motion to extend time, Reg
1998-11-18	Response to motion to extend time, (Letter Form), does not object to the motion by A.G. New Brunswick, Completed on: 1998-11-18	United Food and Commercial Workers International Union, Local 1288P
1998-11-18	Motion to extend time, to file the factum to Nov. 2 and authorities to Nov. 5, 1998, Completed on: 1998-11-18	Attorney General of New Brunswick
1998-11-09	Notice of withdrawal	Attorney General of Saskatchewan
1998-11-05	Intervener's factum, Completed on: 1998-11-05	Canadian Labour Congress
1998-11-05	Book of authorities, Completed on: 1998-11-05	Attorney General of New Brunswick
1998-11-02	Intervener's factum, (extension of time requested), with service, Completed on: 1998-11-02	Attorney General of New Brunswick
1998-10-30	Correspondence (sent by the Court) to, from Clark & Co. to A. Roland, letter dated Oct. 30, 1998 (fax copy) re: schedule of the hearing (joint with 26209)
1998-10-29	Correspondence (sent by the Court) to, from Clark & Co. to A. Roland, letter dated Oct. 29, 1998 (fax copy) re: factum of the intervener Can. Labour Congress (40 pages long)
1998-10-28	Book of authorities, With service, Completed on: 1998-10-28	Retail Council of Canada
1998-10-28	Intervener's factum, With service, Completed on: 1998-10-28	Retail Council of Canada
1998-10-28	Intervener's factum, 25 copies, with service, Completed on: 1998-10-28	Canadian Manufacturers' Association
1998-10-28	Intervener's factum, (joint with 26209)see AMENDED FACTUM of Nov. 5/98, with service, Completed on: 1998-10-28	Canadian Labour Congress
1998-09-29	Order on motion to extend time, to serve and file the factums of all the interveners to Oct. 28/98
1998-09-25	Decision on motion to extend time, by the C.L.C. to serve and file the factums of all the interveners to Oct. 28/98, Reg Granted, no order as to costs
1998-09-25	Submission of motion to extend time, 1998-09-25, by the C.L.C. to serve and file the factums of all the interveners to Oct. 28/98, Reg
1998-09-22	Correspondence (sent by the Court) to, from Burke-Robertson re: A.G. B.C. takes no position with respect to the motion by C.L.C. (fax copy)
1998-09-21	Response to motion to extend time, to file the interveners factum to Oct. 28, 1998 (Nelligan & Power) - fax copy, Completed on: 1998-09-21	United Food and Commercial Workers International Union, Local 1288P
1998-09-14	$50.00 filing fee for notice of motion, receipt #31161	Canadian Labour Congress
1998-09-11	Affidavit, to file the factum to Oct. 28, 1998 (V. Payne), with service	Canadian Labour Congress
1998-09-11	Motion to extend time, to file the intervener's factum to Oct. 28, 1998 ($50.00 requested), with service, Completed on: 1998-09-11	Canadian Labour Congress
1998-09-04	Decision on motion to extend time, by the Retail Council of Canada to intervene, Ma Granted, no order as to costs
1998-09-04	Submission of motion to extend time, 1998-09-04, to intervene, Ma
1998-09-04	Decision on the motion for leave to intervene, by the Retail Council of Canada- The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes in each appeal, Ma Granted, no order as to costs
1998-09-04	Submission of motion for leave to intervene, 1998-09-04, - The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes in each appeal, Ma
1998-09-01	Correspondence (sent by the Court) to, (by fax) dated August 28, 1998 from Nelligan Power re: takes no position on leave to intervene by Retail Council of Canada
1998-08-31	Correspondence (sent by the Court) to, from Lang, Michener, letter dated Aug. 31, 1998 re: the respondents support the intervention by Retail Council of Canada
1998-08-28	Appeal perfected for hearing, Session beginning on 1999-01-18
1998-08-28	Respondent's record, 24 copies, with service, Completed on: 1998-08-28	Allsco Building Products Ltd., a body corporate
1998-08-28	Book of authorities, 12 copies, with service, Completed on: 1998-08-28	Allsco Building Products Ltd., a body corporate
1998-08-28	Respondent's factum, 24 copies, with service, Completed on: 1998-08-28	Allsco Building Products Ltd., a body corporate
1998-08-27	Affidavit, of P. Woolford - 2 copies, with service	Retail Council of Canada
1998-08-27	$50.00 filing fee for notice of motion, receipt no. 31068	Retail Council of Canada
1998-08-27	Motion for leave to intervene, (joint with motion to extend the time) - 2 copies, with service, Completed on: 1998-08-27	Retail Council of Canada
1998-08-27	Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1998-08-27	Retail Council of Canada
1998-08-17	Order on motion for leave to intervene, for Major J.'s Order see file
1998-08-17	Decision on motion to extend time, by the Canadian Manufacturers' Association for leave to intervene, Ma Granted, no order as to costs
1998-08-17	Submission of motion to extend time, 1998-08-17, for leave to intervene, Ma
1998-08-17	Decision on the motion for leave to intervene, by the Canadian Manufacturers' Assocation. Leave is granted to serve and file a factum not to exceed 20 pages and to present oral argument limited to 15 minutes, Ma Granted, no order as to costs
1998-08-17	Submission of motion for leave to intervene, 1998-08-17, Leave is granted to serve and file a factum not to exceed 20 pages and to present oral argument limited to 15 minutes, Ma
1998-08-07	Notice of intervention respecting a constitutional question	Attorney General of Saskatchewan
1998-07-30	Affidavit, of Blaine Lewis	Canadian Manufacturers' Association
1998-07-30	$50.00 filing fee for notice of motion, receipt no. 30914	Canadian Manufacturers' Association
1998-07-30	Motion to extend time, to file the motion to intervene (joint), Completed on: 1998-07-30	Canadian Manufacturers' Association
1998-07-30	Motion for leave to intervene, (joint with extension of time), Completed on: 1998-07-30	Canadian Manufacturers' Association
1998-07-30	Notice of intervention respecting a constitutional question	Attorney General of New Brunswick
1998-07-09	Notice of intervention respecting a constitutional question	Attorney General of British Columbia
1998-07-06	Notice of constitutional question(s), With service	United Food and Commercial Workers International Union, Local 1288P
1998-07-06	Book of authorities, 12 copies, with service, Completed on: 1998-07-06	United Food and Commercial Workers International Union, Local 1288P
1998-07-06	Appellant's record, 24 copies, with service, Completed on: 1998-07-06	United Food and Commercial Workers International Union, Local 1288P
1998-07-06	Appellant's factum, 24 copies, with service, Completed on: 1998-07-06	United Food and Commercial Workers International Union, Local 1288P
1998-06-30	Order on motion to state a constitutional question
1998-06-29	Decision on the motion to state a constitutional question, (for Constitutional Questions see file). Notices of intention to intervene are to be filed no later than Aug. 7/98, CJ Granted, no order as to costs
1998-06-29	Submission of motion to state a constitutional question, 1998-06-29, (for Constitutional Questions see file). Notices of intention to intervene are to be filed no later than Aug. 7/98, CJ
1998-06-25	Correspondence (sent by the Court) to, (by fax) from D.W. Clark; re: satisfied with the constitutional questions
1998-06-24	Appeal court record, (1 env.)
1998-06-22	Order on motion for leave to intervene, for Major J.'s Order see file
1998-06-22	Decision on the motion for leave to intervene, by the Canadian Labour Congress, Ma, Applicant is entitled to serve and file a factum not to exceed 20 pages and to present oral argument not to exceed 15 minutes. The respondent has a right to file a 10 page written reply to the intervener. The respondent and intervener have the right to make representation on costs. Granted, no order as to costs
1998-06-22	Submission of motion for leave to intervene, 1998-06-22, Ma
1998-06-22	Decision on motion to extend time, by the Canadian Labour Congress for leave to intervene, Ma Granted, no order as to costs
1998-06-22	Submission of motion to extend time, 1998-06-22, for leave to intervene, Ma
1998-06-19	Proof of service, of the respondent's response to the motion to intervene by Canadian Labour Congress
1998-06-18	Correspondence (sent by the Court) to, (by fax) fronm D.M. Brown, Q.C.; re: constitutional questions are acceptable
1998-06-16	Correspondence (sent by the Court) to, sent to Brown MacGillivray Stanley and Clark & Company re: advising that Chief Justice considered materials filed in relation to constitutional questions, proposing questions and waiting for comments by A. Roland SENT BY FAX
1998-06-12	General proceeding, 5 copies (response to the motion to intervene by Canadian Labour Congress) - book form, with service	Allsco Building Products Ltd., a body corporate
1998-06-10	Response to the motion for leave to intervene, of CLC (Brown, MacGillivray) (fax copy), Completed on: 1998-06-10	United Food and Commercial Workers International Union, Local 1288P
1998-05-19	General proceeding, 2 copies of Appellant's reply on motion to state constitiutional questions, with service	United Food and Commercial Workers International Union, Local 1288P
1998-05-12	General proceeding, 5 copies of Respondent's response on motion for constitutional questions (book form), with service	Allsco Building Products Ltd., a body corporate
1998-05-07	$50.00 filing fee for notice of motion, receipt no. 30570	Canadian Labour Congress
1998-05-07	Motion to extend time, to file the motion to intervene (joint) - book form, with service, Completed on: 1998-05-07	Canadian Labour Congress
1998-05-07	Affidavit, of Dick Martin - book form, with service	Canadian Labour Congress
1998-05-07	Motion for leave to intervene, (joint with motion to extend the time) - 2 copies - book form, with service, Completed on: 1998-05-07	Canadian Labour Congress
1998-05-06	$50.00 filing fee for notice of motion, receipt #30562	United Food and Commercial Workers International Union, Local 1288P
1998-05-06	Motion to state a constitutional question, 2 copies, Completed on: 1998-05-06	United Food and Commercial Workers International Union, Local 1288P
1998-03-20	Order granting leave to appeal
1998-03-12	Notice of deposit of security
1998-03-12	Correspondence (sent by the Court) to, sent to Clark & Company and Brown MacGillivray Stanley re: Rule 32
1998-03-06	$10.00 fee for depositing security, receipt #30219	United Food and Commercial Workers International Union, Local 1288P
1998-03-06	$500 security deposit paid, direction #2442	United Food and Commercial Workers International Union, Local 1288P
1998-03-06	Notice of appeal, With service, Completed on: 1998-03-06	United Food and Commercial Workers International Union, Local 1288P
1998-02-13	Notice of deposit of judgment issued to all parties, all parties
1998-02-12	Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted. Granted, no order as to costs
1997-12-12	All materials on application for leave submitted to the Judges, CJ Co McL
1997-10-22	Proof of service, of response (admitted on Oct. 15\97)
1997-10-16	Respondent's response on the application for leave to appeal, 6 copies, with service, Completed on: 1997-10-16	Allsco Building Products Ltd., a body corporate
1997-09-25	Correspondence received from, sent to Clark & Company (Fredericton, NB) enclosing copy of letter dated Sept. 25/97 sent to the Applicant
1997-09-25	Correspondence received from, sent to Nelligan, Power (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee
1997-09-22	$50.00 filing fee, receipt #34755	United Food and Commercial Workers International Union, Local 1288P
1997-09-22	Application for leave to appeal, 5 copies, with service, Completed on: 1997-09-22	United Food and Commercial Workers International Union, Local 1288P

Parties

Main parties

Main parties - Appellants

Name	Role	Status
United Food and Commercial Workers International Union, Local 1288P	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Allsco Building Products Ltd., a body corporate	Respondent	Active
Blacksmith Holdings Ltd., a body corporate carrying on business as Wayside Four Seasons	Respondent	Active
Lumply Ltd., a body corporate	Respondent	Active
Maple Leaf Homes Inc., a body corporate	Respondent	Active
Atlantic Home Improvements Ltd., a body corporate	Respondent	Active

Other parties

Other parties

Name	Role	Status
Canadian Labour Congress	Intervener	Active
Attorney General of British Columbia	Intervener	Active
Attorney General of New Brunswick	Intervener	Active
Canadian Manufacturers' Association	Intervener	Active
Retail Council of Canada	Intervener	Active
Canadian Civil Liberties Association	Intervener	Active
Pepsi-Cola Canada Beverages (West) Ltd.	Intervener	Active

Counsel

Summary

Filed documents

Webcasts

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