Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28396
The Minister of Labour for Ontario v. Canadian Union of Public Employees, et al.
(Ontario) (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) |
|---|---|---|
| 2003-08-25 | Record returned to the Registrar of the Court of Appeal | |
| 2003-05-26 | Appeal closed | |
| 2003-05-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-05-16 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C32230, dated November 21, 2000, heard on October 8, 2002, is dismissed with costs, McLachlin C.J. and Major and Bastarache JJ. dissenting, but paragraphs 1, 2 and 3 of the order of the Court of Appeal are varied to read: 1. The Court declares that the Minister is required, in the exercise of his power of appointment under s. 6(5) of the Hospital Labour Disputes Arbitration Act, R.S.O. 1990, c. H.14, to be satisfied that prospective chairpersons are not only independent and impartial but possess appropriate labour relations expertise and are recognized in the labour relations community as generally acceptable to both management and labour. 2. This order speaks from the date hereof and does not invalidate completed arbitration awards. 3. Any challenges to continuing arbitrations, including those chaired by retired judges appointed by the Minister under s. 6(5) of HLDAA, are subject to judicial review on a case-by-case basis. Dismissed, with costs |
|
| 2002-10-18 | Transcript received, and distributed to the Justices (108pp.) | |
| 2002-10-18 | Appeal court record, (1 box) | |
| 2002-10-08 | Supplemental document, (condensed book) | Canadian Bar Association |
| 2002-10-08 | Acknowledgement and consent for video taping of proceedings | |
| 2002-10-08 | Judgment reserved OR rendered with reasons to follow | |
| 2002-10-08 |
Hearing of the appeal, 2002-10-08, (V056-057), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2002-09-24 | Notice of appearance, (fax copy) | Canadian Bar Association |
| 2002-09-12 |
Correspondence received from, Burke-Robertson dated September 9/02 together with the index to the Respondents' factum (sent to the Court Sept. 13/02) |
Canadian Union of Public Employees |
| 2002-09-09 |
Appeal hearing scheduled, 2002-10-08 Judgment reserved |
|
| 2002-08-19 | Notice of hearing | The Minister of Labour for Ontario |
| 2002-07-30 | Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO CBA & NAA BY MAJOR J.) | |
| 2002-05-03 | Book of authorities, Completed on: 2002-05-03 | National Academy of Arbitrators (Canadian Region) (the "NAA") |
| 2002-05-03 | Intervener's factum, Completed on: 2002-05-03 | National Academy of Arbitrators (Canadian Region) (the "NAA") |
| 2002-05-03 | Book of authorities, Completed on: 2002-05-03 | Canadian Bar Association |
| 2002-05-03 | Intervener's factum, Completed on: 2002-05-03 | Canadian Bar Association |
| 2002-04-08 | Respondent's book of authorities, Completed on: 2002-04-08 | Canadian Union of Public Employees |
| 2002-04-08 | Respondent's record, Completed on: 2002-04-08 | Canadian Union of Public Employees |
| 2002-04-08 | Respondent's factum, Completed on: 2002-04-08 | Canadian Union of Public Employees |
| 2002-04-08 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-03-26 | Order on miscellaneous motion | |
| 2002-03-22 |
Decision on miscellaneous motion, accepting the appellant's factum and record as filed - without marginal numbering and headings, Reg Granted, no order as to costs |
|
| 2002-03-22 | Submission of miscellaneous motion, Reg | |
| 2002-03-13 | Notice of miscellaneous motion, to accept the factum and record as filed, Completed on: 2002-03-13 | The Minister of Labour for Ontario |
| 2002-02-08 | Appellant's record, (no marginal line numbering and headings - motion requested), Completed on: 2002-03-13 | The Minister of Labour for Ontario |
| 2002-02-08 | Appellant's book of authorities, Completed on: 2002-02-08 | The Minister of Labour for Ontario |
| 2002-02-08 | Appellant's factum, (no marginal line numbering - motion requested), Completed on: 2002-03-13 | The Minister of Labour for Ontario |
| 2002-01-11 | Order on motion for leave to intervene, (BY THE JUDGE) | |
| 2002-01-11 |
Decision on the motion for leave to intervene, Ma, by the NATIONAL ACADEMY OF ARBITRATORS (CANADIAN REGION). The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED JULY 30, 2002). 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 |
|
| 2002-01-11 |
Decision on the motion for leave to intervene, Ma, by the CANADIAN BAR ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED JULY 30, 2002). 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 |
|
| 2002-01-11 | Submission of motion for leave to intervene, by the C.U.P.E. & S.E.I.U., Ma | |
| 2001-12-14 | Response to the motion for leave to intervene, (Letter Form), from L. McIntosh dated Dec. 14, 2001 re: takes no position - re: interventions by Nat. Academy and Can. Bar, Completed on: 2001-12-14 | The Minister of Labour for Ontario |
| 2001-12-04 | Motion for leave to intervene, (conditional) - book form, Completed on: 2001-12-04 | Canadian Bar Association |
| 2001-11-30 | Book of authorities, re: motion to intervene, Completed on: 2001-11-30 | National Academy of Arbitrators (Canadian Region) (the "NAA") |
| 2001-11-30 | Motion for leave to intervene, book form, Completed on: 2001-11-30 | National Academy of Arbitrators (Canadian Region) (the "NAA") |
| 2001-10-15 | General proceeding, (consent to use the same agent as Burke-Robertson) | The Minister of Labour for Ontario |
| 2001-10-05 | Notice of appeal, Completed on: 2001-10-05 | The Minister of Labour for Ontario |
| 2001-09-26 | Supplemental document, (consent to use the same agent) | The Minister of Labour for Ontario |
| 2001-09-12 | Correspondence (sent by the Court) to, all parties; tentative hearing date | |
| 2001-09-07 | Notice of deposit of judgment issued to all parties | |
| 2001-09-06 |
Judgment of the Court on the application for leave to appeal Granted, without costs |
|
| 2001-06-11 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2001-03-13 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-02-19 | Book of authorities, Completed on: 2001-02-19 | Canadian Union of Public Employees |
| 2001-02-19 | Respondent's response on the application for leave to appeal, Incomplete | Canadian Union of Public Employees |
| 2001-01-22 | Application for leave to appeal, Completed on: 2001-03-15 | The Minister of Labour for Ontario |
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 |
|---|---|---|
| The Minister of Labour for Ontario | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Union of Public Employees | Respondent | Active |
| Service Employees International Union | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Bar Association | Intervener | Active |
| National Academy of Arbitrators (Canadian Region) (the "NAA") | Intervener | Active |
Counsel
Party: The Minister of Labour for Ontario
Counsel
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4148
FAX: (416) 326-4181
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Union of Public Employees
Counsel
Steven Barrett
Vanessa Payne
Ethan Poskanzer
1130 - 20 Dundas Street West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6422
FAX: (416) 591-7333
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Service Employees International Union
Counsel
Steven Barrett
Vanessa Payne
1130 - 20 Dundas Street West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6422
FAX: (416) 591-7333
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Bar Association
Counsel
R. Graham Williamson
Jeff G. Cowan
J. Gregory Richards
Suite 900, Box 52
20 Queen Street West
Toronto, Ontario
M5H 3R3
Telephone: (416) 977-8353
FAX: (416) 977-3316
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: National Academy of Arbitrators (Canadian Region) (the "NAA")
Counsel
Toronto, Ontario
M4P 2C6
Telephone: (416) 483-6442
FAX: (416) 483-8929
Agent
40 Elgin Street
Suite 1400
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
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
Ontario Superior Court of Justice
467/98
Application for judicial review dismissed
Court of Appeal for Ontario
C32230
Appeal granted; Minister prohibited from making appointments unless criteria met
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
Related links
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
Related links
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