Case information
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27060
Pepsi-Cola Canada Beverages (West) Ltd. v. Retail, Wholesale and Department Store Union Local 558, et al.
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2002-04-22 | Record returned to the Registrar of the Court of Appeal, + Trial court | |
| 2002-02-28 | Appeal closed | |
| 2002-02-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-01-28 | Copy of formal judgment being prepared | |
| 2002-01-25 | Notice of deposit of judgment sent to all parties | |
| 2002-01-24 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed with costs to the respondents. Dismissed, with costs |
|
| 2000-11-08 | Transcript received, (83 pages) | |
| 2000-10-31 | Judgment reserved OR rendered with reasons to follow | |
| 2000-10-31 | Hearing of the appeal, 2000-10-31, (V072-073), CJ L'HD G Ia Ma Ba Bi Arb LeB | |
| 2000-10-31 | Acknowledgement and consent for video taping of proceedings | |
| 2000-10-30 | Correspondence received from, David Sherriff-Scott (by fax) dated Oct. 30/00 re: list of errors in his factum | Canadian Civil Liberties Association (CCLA) |
| 2000-10-30 | Notice of appearance, of David Sherriff-Scott at the hearing of the appeal | Canadian Civil Liberties Association (CCLA) |
| 2000-10-25 | Order on motion for additional time to present oral argument | |
| 2000-10-23 | Notice of appearance, of Larry W. Kowalchuk at the hearing of the appeal | Retail, Wholesale and Department Store Union Local 558 |
| 2000-10-20 |
Decision on motion for additional time to present oral argument, Arb, by the intervener Canadian Labour Congress is increased to 30 minutes, 15 minutes is to be deducted from the time allotted to the respondents. Granted, no order as to costs |
|
| 2000-10-16 | Submission of motion for additional time to present oral argument, Arb | |
| 2000-10-12 | Book of authorities, Completed on: 2000-10-12 | Attorney General of Alberta |
| 2000-10-06 | Intervener's factum, Completed on: 2000-10-06 | Attorney General of Alberta |
| 2000-10-06 | Book of authorities, Completed on: 2000-10-06 | Canadian Civil Liberties Association (CCLA) |
| 2000-10-06 | Intervener's factum, 25 copies, Completed on: 2000-10-06 | Canadian Civil Liberties Association (CCLA) |
| 2000-10-04 | Trial court record, (1 box) | |
| 2000-10-04 | Response to the motion for additional time to present oral argument, (Letter Form), from L. Kowalchuk dated Oct. 4, 2000 (fax copy), Completed on: 2000-10-04 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-10-02 | Response to the motion for additional time to present oral argument, (Letter Form), (by fax) from R.G. Richards, Q.C., Completed on: 2000-10-02 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-09-28 | Book of authorities, (proof of delivery missing), Completed on: 2000-10-27 | Canadian Labour Congress |
| 2000-09-28 | Intervener's factum, Completed on: 2000-09-28 | Canadian Labour Congress |
| 2000-09-28 | Motion for additional time to present oral argument, (from 15 to 30 minutes, taking time from the respondent) - 2 copies - book form, Completed on: 2000-09-28 | Canadian Labour Congress |
| 2000-09-27 | Appeal court record, (1 envelope) | |
| 2000-09-12 |
Decision on motion to extend time, to file the respondent's factum, record and authorities to Sept. 7, Reg Granted, no order as to costs |
|
| 2000-09-12 | Submission of motion to extend time, Reg | |
| 2000-09-12 | Response to motion to extend time, (Letter Form), from R.G. Richards, Q.C. dated Sept. 6/00, Completed on: 2000-09-12 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-09-08 | Notice of hearing | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-09-06 | Respondent's book of authorities, Completed on: 2000-09-06 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-09-06 | Respondent's factum, Completed on: 2000-09-06 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-09-06 | Motion to extend time, to file the record, factum and authorities to Sept. 7, 2000 (fax copy), Completed on: 2000-09-06 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-09-05 | Correspondence received from, Larry Kowalchuk (by fax) dated Sept. 5/00 re: will not be filing a Record | Retail, Wholesale and Department Store Union Local 558 |
| 2000-09-01 | Appeal hearing scheduled, 2000-10-31 | |
| 2000-08-18 | Correspondence received from, Robert G. Richards, Q.C. dated August 14/00 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-08-18 | Order on motion for leave to intervene, (by the Court) | |
| 2000-08-18 |
Decision on the motion for leave to intervene, G, and extension of time of the ATTORNEY GENERAL OF ALBERTA. The factum is limited to 20 pages and oral argument to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted, no order as to costs |
|
| 2000-08-18 | Submission of motion for leave to intervene, G | |
| 2000-08-17 | Response to the motion for leave to intervene, (Letter Form), letter (by fax) from Larry Kowalchuk dated August 17/00, Completed on: 2000-08-17 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-08-11 | Correspondence received from, J. Baigent dated Aug. 11, 2000 (fax copy) re: will be away during the month of October | Canadian Labour Congress |
| 2000-07-28 | Response to the motion for leave to intervene, (Letter Form), letter dated July 27/00 (by fax) from Robert G. Richards, Q.C., Completed on: 2000-07-28 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-07-26 | Motion for leave to intervene, (and to extend time), Completed on: 2000-07-26 | Attorney General of Alberta |
| 2000-06-30 | Order on motion to extend time | |
| 2000-06-19 | Notice of change of counsel, (Letter Form), Larry Kowalchuk to replace Madisun Browne (formal notice received on June 23, 2000) | Retail, Wholesale and Department Store Union Local 558 |
| 2000-06-14 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum, reocrd and book of authorities to July 1, 2000. Granted, no order as to costs |
|
| 2000-06-14 | Submission of motion to extend time, Reg | |
| 2000-06-06 | Response to motion to extend time, from R.G. Richards, Q.C. dated June 2/00 (by fax) (original received June 13/00), Completed on: 2000-06-06 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-06-05 | Motion to extend time, (Letter Form), to serve and file the Factum to July 1/00 (revised motion filed by fax June 19/00 - to file Factum, Record and Authorities)(original received on June 23, 2000), Completed on: 2000-06-05 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-05-04 | Appeal perfected for hearing, Session beginning on 2000-10-02 | |
| 2000-03-09 | Appellant's book of authorities, Completed on: 2000-03-09 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-03-09 | Appellant's record, Completed on: 2000-03-09 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-03-09 | Appellant's factum, Completed on: 2000-03-09 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-01-27 | Order on motion for leave to intervene, (BY THE COURT) | |
| 2000-01-27 |
Decision on the motion for leave to intervene, G, by the CANADIAN CIVIL LIBERTIES ASSOCIATION is granted, factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2000-01-27 |
Decision on the motion for leave to intervene, G, by the CANADIAN LABOUR CONGRESS is granted, factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted, no order as to costs |
|
| 2000-01-27 | Submission of motion for leave to intervene, by the C.L.C. & C.C.L.A., G | |
| 2000-01-25 | Response to the motion for leave to intervene, from L. Kowalchuk dated Jan. 25/00 (by fax) re: intervention by CCLA, Completed on: 2000-01-25 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-01-25 | Response to the motion for leave to intervene, from L. Kowalchuk dated Jan. 25/00 (by fax) re: intervention by Cdn Labour Congress, Completed on: 2000-01-25 | Retail, Wholesale and Department Store Union Local 558 |
| 2000-01-18 | Reply to the motion for leave to intervene, (Letter Form), from J. Baigent dated Jan. 18, 2000 (fax copy)(original received on Jan. 25, 2000), Completed on: 2000-01-18 | Canadian Labour Congress |
| 2000-01-18 | Correspondence received from, D. Sherriff-Scott dated Jan. 18, 2000 (fax copy) re: in support of his motion to intervene (original received Jan. 19/00) | Canadian Civil Liberties Association (CCLA) |
| 2000-01-17 | Response to the motion for leave to intervene, (Letter Form), from R. Richards dated Jan. 14, 2000 re: intervention by Canadian Labour Congress, Completed on: 2000-01-17 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-01-17 | Response to the motion for leave to intervene, (Letter Form), from R. Richards dated Jan. 14, 2000 re: intervention by CCLA, Completed on: 2000-01-17 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 2000-01-10 | Motion for leave to intervene, to file Factum not exceeding 20 pages and present oral argument for 30 min. (5 copies - book form), Completed on: 2000-01-10 | Canadian Civil Liberties Association (CCLA) |
| 2000-01-07 | Motion for leave to intervene, Completed on: 2000-01-07 | Canadian Labour Congress |
| 1999-11-18 | Notice of deposit for security | Pepsi-Cola Canada Beverages (West) Ltd. |
| 1999-11-12 | Order granting leave to appeal | |
| 1999-11-12 | Letter acknowledging receipt of notice of appeal | |
| 1999-11-09 | Notice of appeal, (service received on Nov. 12/99), Completed on: 1999-11-15 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 1999-10-22 | Notice of deposit of judgment issued to all parties | |
| 1999-10-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1999-04-20 | Correspondence received from, re: change of address | Retail, Wholesale and Department Store Union Local 558 |
| 1999-02-01 | All materials on application for leave submitted to the Judges, L'HD G Ba | |
| 1999-02-01 | Applicant's reply to respondent's argument, Completed on: 1999-02-01 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 1999-01-29 | Order on motion to extend the time to file and/or serve the leave application | |
| 1999-01-29 |
Decision on motion to extend time to file and /or serve the leave application, to Dec. 30/98, nunc pro tunc, L'HD Granted, no order as to costs |
|
| 1999-01-28 | Submission of motion to extend time to file and/ or serve the leave application, L'HD | |
| 1999-01-26 | Response to the motion to extend the time to file and / or serve the leave application, (joint consent) (fax copy), Completed on: 1999-01-26 | Retail, Wholesale and Department Store Union Local 558 |
| 1999-01-26 | Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 30, 1998, Completed on: 1999-01-26 | Pepsi-Cola Canada Beverages (West) Ltd. |
| 1999-01-25 | Respondent's response on the application for leave to appeal, Completed on: 1999-01-25 | Retail, Wholesale and Department Store Union Local 558 |
| 1999-01-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 1998-12-30 | Application for leave to appeal, (1 day late), Completed on: 1999-01-29 | Pepsi-Cola Canada Beverages (West) Ltd. |
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
| Name | Role | Status |
|---|---|---|
| Pepsi-Cola Canada Beverages (West) Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Retail, Wholesale and Department Store Union Local 558 | Respondent | Active |
| Burkart, Garry | Respondent | Active |
| Reiber, Linda | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Labour Congress | Intervener | Active |
| Canadian Civil Liberties Association (CCLA) | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Pepsi-Cola Canada Beverages (West) Ltd.
Counsel
Robert G. Richards, Q.C.
Jean Torrens
Jean Torrens
MacPherson Leslie & Tyerman
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
1500 - 1874 Scarth St
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Retail, Wholesale and Department Store Union Local 558
Counsel
Larry W. Kowalchuk
Kowalchuk Law Office
1233 Winnipeg Street
Regina, Saskatchewan
S4R 1K1
Telephone: (306) 781-2944
FAX: (306) 781-2984
1233 Winnipeg Street
Regina, Saskatchewan
S4R 1K1
Telephone: (306) 781-2944
FAX: (306) 781-2984
Agent
Pablo Fernández-Dávila
Baumgarten & Fernandez-Davila
162 Laurier West
Ottawa, Ontario
K1P 5J4
Telephone: (613) 565-8688
FAX: (613) 789-3617
162 Laurier West
Ottawa, Ontario
K1P 5J4
Telephone: (613) 565-8688
FAX: (613) 789-3617
Party: Burkart, Garry
Counsel
Larry W. Kowalchuk
Kowalchuk Law Office
1233 Winnipeg Street
Regina, Saskatchewan
S4R 1K1
Telephone: (306) 781-2944
FAX: (306) 781-2984
1233 Winnipeg Street
Regina, Saskatchewan
S4R 1K1
Telephone: (306) 781-2944
FAX: (306) 781-2984
Agent
Pablo Fernández-Dávila
Baumgarten & Fernandez-Davila
162 Laurier West
Ottawa, Ontario
K1P 5J4
Telephone: (613) 565-8688
FAX: (613) 789-3617
162 Laurier West
Ottawa, Ontario
K1P 5J4
Telephone: (613) 565-8688
FAX: (613) 789-3617
Party: Reiber, Linda
Counsel
Larry W. Kowalchuk
Kowalchuk Law Office
1233 Winnipeg Street
Regina, Saskatchewan
S4R 1K1
Telephone: (306) 781-2944
FAX: (306) 781-2984
1233 Winnipeg Street
Regina, Saskatchewan
S4R 1K1
Telephone: (306) 781-2944
FAX: (306) 781-2984
Agent
Pablo Fernández-Dávila
Baumgarten & Fernandez-Davila
162 Laurier West
Ottawa, Ontario
K1P 5J4
Telephone: (613) 565-8688
FAX: (613) 789-3617
162 Laurier West
Ottawa, Ontario
K1P 5J4
Telephone: (613) 565-8688
FAX: (613) 789-3617
Party: Canadian Labour Congress
Counsel
John Baigent
Baigent & Jackson
706 Cliff Ave
Box 309
Enderby, British Columbia
V0E 1V0
Telephone: (250) 838-2111
FAX: (250) 838-0333
Email: jbaigent@sunwave.net
706 Cliff Ave
Box 309
Enderby, British Columbia
V0E 1V0
Telephone: (250) 838-2111
FAX: (250) 838-0333
Email: jbaigent@sunwave.net
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Canadian Civil Liberties Association (CCLA)
Counsel
David Sherriff-Scott
Borden Ladner Gervais LLP
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Attorney General of Alberta
Counsel
Roderick Wiltshire
Attorney General of Alberta
9833 - 109 Street
Bowker Building, 4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-7145
FAX: (780) 425-0307
Email: roderick.wiltshire@gov.ab.ca
9833 - 109 Street
Bowker Building, 4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-7145
FAX: (780) 425-0307
Email: roderick.wiltshire@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
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.
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Lower court rulings
May 16, 1997
Court of Queen’s Bench of Saskatchewan
Q.B. No. 941
Court of Queen’s Bench of Saskatchewan
Q.B. No. 941
Order: interim injunction granted
October 30, 1998
Court of Appeal for Saskatchewan
2744, 2745
Court of Appeal for Saskatchewan
2744, 2745
Appeal allowed in part
Memorandums of argument on application for leave to appeal
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Factums on appeal
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Date modified: 2025-05-13