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)
2000-11-17	Approved order for payment out, (Sent to Finance Nov. 17, 2000)
2000-05-11	Correspondence received from, (by fax) C. Jones; re: resolved the issue of costs, no need to respond to his letter of Apr. 25	Labour Relations Board of British Columbia
2000-04-28	Correspondence received from, J. Baigent dated April 27, 2000 re: responding to C. Jones's letter dated April 25, 2000	United Food and Commercial Workers, Local 1518
2000-04-26	Correspondence received from, P. Foy dated April 26, 2000 (fax copy) re: responding to C. Jones's letter dated 25, 2000	KMart Canada Ltd.
2000-04-25	Correspondence received from, C. Jones dated April 25, 2000 (fax copy) re: clarification of the pronouncement dated Sept. 9, 1999 (costs)	Labour Relations Board of British Columbia
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 to the appellant throughout. The judgment of the British Columbia Court of Appeal is set aside. See long for pronouncements. Allowed, costs in this Court and courts below
1999-02-23	Transcript received, and distributed to the justices (121 pages)
1999-02-15	Hearing of the appeal, 1999-02-15, Video #V014, V015, CJ L'HD G Co Ia Ma Bi Judgment reserved
1999-02-08	Notice of appearance, Joseph J. Arvay and Charles Gordon (fax copy)	Labour Relations Board of British Columbia
1999-02-04	Order on motion for additional time to present oral argument, for order of CJ see file
1999-02-04	Decision on motion for additional time to present oral argument, by the respondent Labour Relations Board of B.C., the application to extend time for oral argument from 30 minutes to 1 hour is granted, CJ Granted, no order as to costs
1999-02-04	Notice of appearance, Patrick G. Foy (fax copy)	KMart Canada Ltd.
1999-02-02	Correspondence received from, J. Baigent dated Jan. 27, 1999 re: validity of Section 65(7) of the Code (attached) sent to CJ L'HD G Co I Ma Bi, Feb. 3/99	United Food and Commercial Workers, Local 1518
1999-02-02	Notice of appearance, (John Baigent)	United Food and Commercial Workers, Local 1518
1999-01-29	Submission of motion for additional time to present oral argument, by Labour Brd of B.C., CJ
1999-01-29	Reply to the motion for additional time to present oral argument, fax copy, Completed on: 1999-01-29	Labour Relations Board of British Columbia
1999-01-27	Correspondence received from, J. Arvay, dated Jan. 26, 1999 (fax copy) re: would prefer to have the 2 appeals argued concurrently (joint with 26203)	Labour Relations Board of British Columbia
1999-01-26	Response to the motion for additional time to present oral argument, (Letter Form), (fax copy), Completed on: 1999-01-26	United Food and Commercial Workers, Local 1518
1999-01-25	Book of authorities, (joint with 26203), 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 26203), Completed on: 1999-01-25	Pepsi-Cola Canada Beverages (West) Ltd.
1999-01-25	Notice of hearing	United Food and Commercial Workers, Local 1518
1999-01-21	Book of authorities, 13 copies, Completed on: 1999-01-21	Coalition of B.C. Businesses (the 'Coalition')
1999-01-21	Intervener's factum, 26 copies(extension of time requested), Completed on: 1999-01-21	Coalition of B.C. Businesses (the 'Coalition')
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	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	Decision on motion to extend time, to intervene by the Canadian Civil Liberties Association, Ma
1999-01-15	Decision on motion to extend time, to intervene by Pepsi Cola Canada Beverages (West) Ltd., Ma 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
1999-01-15	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	Response to the motion for leave to intervene, (Letter Form), (from Scott & Aylen dated Jan. 14, 1999 - fax copy), Completed on: 1999-01-15	Labour Relations Board of British Columbia
1999-01-13	Submission of motion for leave to intervene, Ma
1999-01-13	Submission of motion to extend time, Ma
1999-01-13	Submission of motion to extend time, Ma
1999-01-13	Submission of motion for leave to intervene, Ma
1999-01-13	Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 1999-01-13	KMart Canada Ltd.
1999-01-13	Reply to the motion for leave to intervene, (reply to the response by KMart Canada Ltd. and Allsco Building) - 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	Motion for additional time to present oral argument, (1 hour), Completed on: 1999-01-11	Labour Relations Board of British Columbia
1999-01-08	Response to motion to extend time, to intervene by Pepsi-Cola, Completed on: 1999-01-08	United Food and Commercial Workers, Local 1518
1999-01-08	Response to the motion for leave to intervene, by Pepsi-Cola, Completed on: 1999-01-08	United Food and Commercial Workers, Local 1518
1999-01-07	Response to motion to extend time, to intervene by Pepsi-Cola, Completed on: 1999-01-07	KMart Canada Ltd.
1999-01-07	Response to the motion for leave to intervene, by Pepsi-Cola, Completed on: 1999-01-07	KMart Canada Ltd.
1998-12-30	Motion to extend time, (to file the motion to intervene) (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 26203) - book form - 2 copies, 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, Local 1518
1998-12-22	Response to the motion for leave to intervene, Completed on: 1998-12-22	KMart Canada Ltd.
1998-12-17	Motion for leave to intervene, (joint with motion to extend the time) - book form, 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 (joint with motion to intervene) - book form, Completed on: 1998-12-17	Canadian Civil Liberties Association
1998-12-14	Correspondence received from, (Letter Form), Ladner, Downs, letter dated Dec. 14, 1998 (fax copy) re: disagree with Ms. Marshall's characterization of the KMart case	KMart Canada Ltd.
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 26203)	United Food and Commercial Workers, Local 1518
1998-11-09	Notice of withdrawal	Attorney General of Saskatchewan
1998-11-05	Intervener's factum, With service, Completed on: 1998-11-05	Canadian Labour Congress
1998-11-05	Book of authorities, 13 copies of vol. 1 and 2 (joint with 26203), Completed on: 1998-11-05	Canadian Labour Congress
1998-11-03	Notice of withdrawal	Attorney General of New Brunswick
1998-10-30	Book of authorities, Completed on: 1998-10-30	Attorney General of British Columbia
1998-10-30	Intervener's factum, Completed on: 1998-10-30	Attorney General of British Columbia
1998-10-28	Intervener's factum, (joint with 26203) see AMENDED FACTUM of Nov. 5/98, with service, Completed on: 1998-10-28	Canadian Labour Congress
1998-10-28	Intervener's factum, With service, Completed on: 1998-10-28	Retail Council of Canada
1998-10-28	Book of authorities, With service, Completed on: 1998-10-28	Retail Council of Canada
1998-09-30	Book of authorities, 13 copies (service admitted on Oct. 1/98), Completed on: 1998-09-30	Labour Relations Board of British Columbia
1998-09-30	Respondent's factum, (Returned for corrections Oct. 1/98 - Back from corrections Oct. 2/98), with service, Completed on: 1998-09-30	Labour Relations Board of British Columbia
1998-09-10	Proof of service, of the Factum and Authorities served on Intervener
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
1998-09-02	Book of authorities, 12 copies, with service, Completed on: 1998-09-02	KMart Canada Ltd.
1998-09-02	Appeal perfected for hearing, Session beginning on 1999-01-18
1998-09-02	Respondent's factum, 24 copies, with service, Completed on: 1998-09-02	KMart Canada Ltd.
1998-09-02	Order on motion to extend time, to serve and file the factum to Sept. 30/98
1998-09-02	Decision on motion to extend time, to serve and file the factum of the respondent to Sept. 30/98, Reg Granted, no order as to costs
1998-09-02	Submission of motion to extend time, 1998-09-02, to serve and file the factum of the respondent to Sept. 30/98, Reg
1998-09-02	Correspondence (sent by the Court) to, from Osler, Hoskin, letter dated Sept. 2, 1998 (fax copy) re: would support the application to intervene by Retail Council of Canada
1998-09-01	Response to motion to extend time, to file the respondent's (Labour Relations Board) factum to Sept. 30, 1998 (P. Wilson), Completed on: 1998-09-01	KMart Canada Ltd.
1998-09-01	Response to motion to extend time, to file the respondent's (Labour Relations Board) factum to Sept. 30, 1998 (D. Brown), Completed on: 1998-09-01	United Food and Commercial Workers, Local 1518
1998-09-01	Affidavit, to file the respondent's factum to Sept. 30, 1998 (C. Gordon), with service	Labour Relations Board of British Columbia
1998-09-01	$50.00 filing fee for notice of motion, receipt no. 31098	Labour Relations Board of British Columbia
1998-09-01	Motion to extend time, to file the respondent's factum to Sept. 30, 1998, with service, Completed on: 1998-09-01	Labour Relations Board of British Columbia
1998-08-31	$50.00 filing fee for notice of motion, receipt no. 31069	Retail Council of Canada
1998-08-31	Correspondence (sent by the Court) to, from Nelligan & Power (fax copy) re: the appellant takes no position with regards to the motion to intervene by Retail Council of Canada
1998-08-27	Affidavit, of Peter Woolford, with service	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
1998-08-27	Motion for leave to intervene, 2 copies (joint with motion to extend the time), with service, Completed on: 1998-08-27	Retail Council of Canada
1998-08-07	Notice of intervention respecting a constitutional question	Attorney General of Saskatchewan
1998-07-30	Proof of service, of the notice of intervention
1998-07-29	Notice of intervention respecting a constitutional question	Attorney General of British Columbia
1998-07-28	Notice of intervention respecting a constitutional question	Attorney General of New Brunswick
1998-07-10	Notice of constitutional question(s), With service	United Food and Commercial Workers, Local 1518
1998-07-10	Appellant's record, 24 copies, Completed on: 1998-07-10	United Food and Commercial Workers, Local 1518
1998-07-10	Book of authorities, 12 copies, Completed on: 1998-07-10	United Food and Commercial Workers, Local 1518
1998-07-10	Appellant's factum, 24 copies, Completed on: 1998-07-10	United Food and Commercial Workers, Local 1518
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 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 are to be filed no later than Aug. 7/98, CJ
1998-06-29	Correspondence (sent by the Court) to, (by fax) from Patrick G. Foy; re: do not have any further comments on constitutional questions
1998-06-26	Correspondence (sent by the Court) to, (by fax) from G. Hume, Q.C.; re: takes no position to the constitutional question
1998-06-22	Decision on motion to extend time, to file the motion to intervene, Ma Granted, no order as to costs
1998-06-22	Submission of motion to extend time, Ma
1998-06-22	Order on motion for leave to intervene, by Canadian Labour Congress and Coalition of B.C. Businesses (FOR MAJOR J.'S ORDER SEE FILE)
1998-06-22	Decision on the motion for leave to intervene, by the Coalition of B.C. Businesses. The applicant shall be entitled 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
1998-06-22	Submission of motion for leave to intervene, 1998-06-22, The applicant shall be entitled to serve and file a factum not to exceed 20 pages and to present oral argument limited to 15 minutes, Ma
1998-06-22	Decision on motion to extend time, to serve and file the factum of the respondent Labour Relations Board of British Columbia to Sept. 30/98, Ma Granted, no order as to costs
1998-06-22	Submission of motion to extend time, 1998-06-22, to serve and file the factum of the respondent Labour Relations Board of British Columbia to Sept. 30/98, Ma
1998-06-22	Decision on the motion for leave to intervene, by the Canadian Labour Congress, Ma, The applicant is entitled to serve & file a factum not to exceed 20 pages and to present oral argument limited to 15 minutes. The respondent Kmart has the right to file a 10 page written reply to the intervener. The respondent and the intervener have the right to make representation as to costs Granted, no order as to costs
1998-06-22	Submission of motion for leave to intervene, 1998-06-22, Ma
1998-06-17	General proceeding, 3 copies of reply to the response of Allsco, with service	Canadian Labour Congress
1998-06-17	Correspondence (sent by the Court) to, (by fax) from John Baigent re: constitutional questions are acceptable
1998-06-16	Correspondence (sent by the Court) to, sent to Baigent & Jackson, Ladner Downs and Russell & DuMoulin 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
1998-06-10	Correspondence (sent by the Court) to, from Osler, Hoskin, letter dated June 10, 1998 (fax copy) re: takes no position with respect to the motion to intervene by Coalition of B.C. Businesses
1998-06-09	Correspondence (sent by the Court) to, (by fax) from Nelligan, Power; re: do not oppose the intervention by the Coalition of B.C.
1998-06-09	Response to the motion for leave to intervene, by the Canadian Labour Congress (letteform from Nelligan, Power) (by fax), Completed on: 1998-06-09	United Food and Commercial Workers, Local 1518
1998-05-28	Correspondence (sent by the Court) to, from James Minnes, letter dated May 26, 1998 re: does not intend to file a response with regard to the motion to intervene by Coalition of B.C.
1998-05-20	Proof of service, of the motion to state constitutional question and the reply to response on constitutional questions
1998-05-20	General proceeding, 1 copy of Reply to the respondent's response on motion to intervene by Canadian Labour Congress, with service	Canadian Labour Congress
1998-05-19	$50.00 filing fee for notice of motion, receipt no. 30625	Coalition of B.C. Businesses (the 'Coalition')
1998-05-19	Motion to extend time, to file the motion to intervene - 2 copies, with service, Completed on: 1998-05-19	Coalition of B.C. Businesses (the 'Coalition')
1998-05-19	Affidavit, of S. Sanatani - 2 copies, with service	Coalition of B.C. Businesses (the 'Coalition')
1998-05-19	Motion for leave to intervene, 2 copies (joint with motion to extend the time) - book form, with service, Completed on: 1998-05-19	Coalition of B.C. Businesses (the 'Coalition')
1998-05-15	Correspondence (sent by the Court) to, from J. Minnes, letter dated May 15, 1998 re: does not intend to file a response to the motion to intervene by the Can. Labour Congress
1998-05-15	Proof of service, of the motion to state constitutional questions
1998-05-15	General proceeding, 2 copies of Reply to the response of KMart to the motion to state constitutional questions	United Food and Commercial Workers, Local 1518
1998-05-15	General proceeding, 5 copies of Response to the motion to state constitutional questions	Labour Relations Board of British Columbia
1998-05-14	General proceeding, 5 copies of response to the application to intervene by Canadian Labour Congress, with service	KMart Canada Ltd.
1998-05-13	General proceeding, 5 copies of Response to Appellant's Submission on statement of constitutional questions, with service	KMart Canada Ltd.
1998-05-08	Proof of service, of the notice of motion to state constitutional questions
1998-05-07	$50.00 filing fee for notice of motion, receipt #30567	United Food and Commercial Workers, Local 1518
1998-05-07	Motion to state a constitutional question, 2 copies, Completed on: 1998-05-07	United Food and Commercial Workers, Local 1518
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), 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
1998-04-16	Appeal court record, (1 envelope)
1998-04-06	Order granting leave to appeal
1998-03-12	Notice of deposit of security
1998-03-12	Correspondence (sent by the Court) to, sent to Russell & DuMoulin, Ladner Downs and Baigent & Jackson re: Rule 32
1998-03-10	$500 security deposit paid, receipt no. 2447	United Food and Commercial Workers, Local 1518
1998-03-10	$10.00 fee for depositing security, receipt no. 30238	United Food and Commercial Workers, Local 1518
1998-03-10	Notice of appeal, Completed on: 1998-03-10	United Food and Commercial Workers, Local 1518
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
1998-01-20	General proceeding, 5 copies of C.A. Order sent to CJ Co McL, Jan. 20/ 98	United Food and Commercial Workers, Local 1518
1997-12-22	Correspondence received from, from Nelligan & Power, letter dated Dec. 22, 1997 (fax copy) re: the formal order of C.A. will be filed early in the New Year (1998)	United Food and Commercial Workers, Local 1518
1997-12-12	All materials on application for leave submitted to the Judges, CJ Co McL
1997-11-12	Proof of service, of the applicant's reply
1997-10-31	Applicant's reply to respondent's argument, 5 copies (replying to both respondents), Completed on: 1997-10-31	United Food and Commercial Workers, Local 1518
1997-10-31	Proof of service, of the respondent's response to the applicant (service admitted on Oct. 23, 1997)
1997-10-30	Proof of service, of response (admitted on Oct. 23\97)
1997-10-30	Proof of service, of leave application (admitted on Sept. 23\97)
1997-10-24	Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-10-24	Labour Relations Board of British Columbia
1997-10-23	Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-10-23	KMart Canada Ltd.
1997-09-25	Correspondence received from, sent to Scott & Aylen (Ottawa, ON) enclosing copy of letter dated Sept. 25/97 sent to the Applicant
1997-09-25	Correspondence received from, sent to Osler, Hoskin & Harcourt (Ottawa, ON) 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
1997-09-24	Court of Appeal casebooks and transcripts of evidence, 3 copies
1997-09-24	$50.00 filing fee, receipt #34771	United Food and Commercial Workers, Local 1518
1997-09-24	Application for leave to appeal, 5 copies (C.A. Order missing), with service, Completed on: 1997-12-12	United Food and Commercial Workers, Local 1518

Parties

Main parties

Main parties - Appellants

Name	Role	Status
United Food and Commercial Workers, Local 1518	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
KMart Canada Ltd.	Respondent	Active
Labour Relations Board of British Columbia	Respondent	Active

Other parties

Other parties

Name	Role	Status
Canadian Labour Congress	Intervener	Active
Coalition of B.C. Businesses (the 'Coalition')	Intervener	Active
Attorney General of British Columbia	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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