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28849

Ontario Public Service Employees Union v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services, et al.

(Ontario) (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)
2004-01-12 Record returned to the Registrar of the Court of Appeal
2003-11-19 Appeal closed
2003-11-10 Correspondence received from, C. Flood dated Nov. 10, 2003 (fax copy) re: mis-spelling of the firm name in the judgment Ontario Public Service Employees Union
2003-11-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-11-06 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 C35114, dated August 10, 2001, heard on February 13, 2003 is dismissed with costs.
Dismissed, with costs
2003-02-28 Transcript received, (41 pages)
2003-02-13 Respondent's condensed book, given in Court Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2003-02-13 Appellant's condensed book, given in Court Ontario Public Service Employees Union
2003-02-13 Acknowledgement and consent for video taping of proceedings
2003-02-13 Judgment reserved OR rendered with reasons to follow
2003-02-13 Hearing of the appeal, 2003-02-13, (V021), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2003-02-11 Correspondence received from, M. Gersht (fax) dated Feb. 11 re: unable to agree on the order of proceeding Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2003-02-10 Correspondence received from, C.A. Flood (fax) dated Feb. 10 re: unable to agree on the order of proceeding Ontario Public Service Employees Union
2003-02-07 Supplemental document, Appendix of Statutes (French) Ontario Public Service Employees Union
2003-02-05 Notice of appearance, (Letter Form), Mr. Craig Flood Ontario Public Service Employees Union
2003-02-04 Correspondence received from, C. Flood dated Feb. 4, 2003 (fax copy) re: reference to M. Gersht's letter dated Jan. 24, 2003 - nothing to add - sent to the judges on Feb. 6, 2003 Ontario Public Service Employees Union
2003-01-31 Notice of appearance Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2003-01-31 Correspondence received from, M. Brown dated Jan. 31, 2003 (fax copy) re: enclosing french sections of the statutes (joint with 28840) Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2003-01-28 Supplemental document, (Appellant's Supplementary Book of Authorities - sent to the judges Jan. 28/03) Ontario Public Service Employees Union
2003-01-28 Supplemental factum, (Appellant - sent to the judges Jan. 28/03) Ontario Public Service Employees Union
2003-01-24 Correspondence received from, M. Gersht dated Jan. 24, 2003 (fax copy) re: responding to C. Flood's letter dated Jan. 14, 2003 - sent to the judges on Feb. 6, 2003 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2003-01-23 Order on miscellaneous motion
2003-01-23 Decision on miscellaneous motion, to file the appellant's supplementary factum, Reg
Granted
2003-01-21 Reply to miscellaneous motion, (Letter Form), C. Flood dated Jan. 21, Completed on: 2003-01-21 Ontario Public Service Employees Union
2003-01-17 Response to miscellaneous motion, (Letter Form), R. Houston dated Jan. 17, 2003, Completed on: 2003-01-17 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2003-01-17 Submission of miscellaneous motion, Reg
2003-01-14 Correspondence received from, C. Flood dated Jan. 14, 2003 (fax copy) re: changes in the record (sent to the judges on Jan. 22, 2003) Ontario Public Service Employees Union
2003-01-10 Response to miscellaneous motion, Completed on: 2003-01-10 Ontario Crown Employees Grievance Settlement Board
2003-01-10 Notice of miscellaneous motion, (to file a supplementary factum/pour produire un mémoire additionnel) - 5 copies - (draft factum included/ébauche du mémoire incluse), Completed on: 2003-01-10 Ontario Public Service Employees Union
2003-01-08 Correspondence received from, S. Kearney dated Jan. 3, 2003 (fax copy)(joint with 28840) re: allotment of time Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-12-23 Correspondence received, from D. Wray dated Dec. 23, 2002 (fax copy)(joint with 28840), counsel for the Appellant in 28840 re: allotted time
2002-12-23 Correspondence received from, S. Kearney dated Dec. 23, 2002 (fax copy) re: reply factum Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-12-23 Correspondence received, (fax) J. Hanson dated/datée 12-20-02 re: time allocations for the hearing/temps alloué pour l'audition (joint with/avec 28840)
2002-12-23 Correspondence received from, (fax) C. Flood dated/datée 12-20-02 re: time allocations for the hearing/temps alloué pour l'audition (joint with/avec 28840) Ontario Public Service Employees Union
2002-12-13 Correspondence received from, S. Kearney and/et M. Gersht dated/datée 12-13-02 (fax copy/télécopieur) re: time allocations for the hearing/temps alloué pour l'audition (joint with/avec 28849) Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-12-13 Correspondence received, D.J. Wray dated/datée 12-13-02 (fax copy/télécopieur) re: time allocations - agree with Mr. Hanson's letter / temps alloué - en accord avec la lettre de M. Hanson (joint with/avec 28840)
2002-12-12 Correspondence received from, C. Flood dated/datée 11-12-02 (fax copy/télécopieur) re: time allocations for the hearing/temps alloué pour l'audition (joint with/avec 28840) Ontario Public Service Employees Union
2002-12-11 Respondent's book of authorities, (15 copies), Completed on: 2002-12-11 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-12-11 Respondent's record, (13 copies / Vol. 1 - 3), Completed on: 2002-12-11 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-12-11 Correspondence received, J. Hanson, counsel for the Respondent in 28840 dated/datée 11-12-02 (fax copy/télécopieur) re: time allocation for the hearing/temps alloué pour l'audition (joint with/avec 28840)
2002-12-11 Respondent's factum, (returned on/ retourné le 12-12-02 and received / et reçu le 13-12-02), Completed on: 2002-12-13 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-11-29 Correspondence (sent by the Court) to, Toutes parties; estimation du temps - All parties; time estimate
2002-11-29 Appeal hearing scheduled, 2003-02-13
Judgment reserved
2002-11-21 Order on motion to extend time
2002-11-21 Decision on motion to extend time, DeRg, to serve and file the factum, record and book of authorities of the respondents Her Majesty The Queen in right of Ontario et al. to December 11, 2002.
Granted
2002-11-21 Submission of motion to extend time, DeRg
2002-11-18 Appeal perfected for hearing, Session beginning on 2003-01-13
2002-11-15 Response to motion to extend time, (Letter Form), from C. Flood dated Nov. 14, 2002 (fax copy) re: included in motion, Completed on: 2002-11-15 Ontario Public Service Employees Union
2002-11-15 Motion to extend time, to file the factum, record and authorities to Dec. 11, 2002, Completed on: 2002-11-15 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-10-18 Order on motion to extend time
2002-10-18 Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to September 23, 2002.
Granted
2002-10-18 Submission of motion to extend time, Reg
2002-10-17 Response to motion to extend time, (Letter Form), from L. Stickland dated Oct. 15/02 - joint with motion, Completed on: 2002-10-17 Ontario Crown Employees Grievance Settlement Board
2002-10-17 Response to motion to extend time, (Letter Form), from M. Gersht dated Oct. 15/02 - joint with motion, Completed on: 2002-10-17 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-10-17 Motion to extend time, to serve and file the Factum, Record and Authorities to Sept. 23/02, Completed on: 2002-10-17 Ontario Public Service Employees Union
2002-10-16 Correspondence received from, C. Flood dated Oct. 11/02 re: enclosing a signed Endorsement of the C/A to be added at page 265A, Vol. II of Appellant's Record by Ottawa agent (added Oct. 17/02) Ontario Public Service Employees Union
2002-09-23 Supplemental document, APPENDIX OF STATUTES - 12 copies Ontario Public Service Employees Union
2002-09-23 Appellant's book of authorities, Vol. I & II, Completed on: 2002-09-23 Ontario Public Service Employees Union
2002-09-23 Appellant's record, Vol. I & II (p. 265 to be replaced with signed endorsement - replaced Oct. 17/02), Completed on: 2002-10-17 Ontario Public Service Employees Union
2002-09-23 Appellant's factum, (extension of time requested for factum, record, authorities and appendix Statutes - rec'd Oct. 17/02), Completed on: 2002-10-17 Ontario Public Service Employees Union
2002-09-09 Appeal court record, (1 box)
2002-05-17 Notice of appeal, Completed on: 2002-05-21 Ontario Public Service Employees Union
2002-05-17 Order granting leave to appeal
2002-05-14 Notice of deposit for security Ontario Public Service Employees Union
2002-04-25 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Feb. 13/03)
2002-04-19 Notice of deposit of judgment issued to all parties
2002-04-18 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted with costs to the applicant in any event of the cause.
Granted, with costs
2002-03-11 All materials on application for leave submitted to the Judges, L'HD Ba Bi
2002-01-09 Decision on motion to extend time, Reg, to serve and file the applicant's reply to Jan. 7, 2002.
Granted, no order as to costs
2002-01-09 Submission of motion to extend time, Reg
2002-01-07 Response to motion to extend time, (Letter Form), from L. McSweeney dated Dec. 13, 2001 (fax copy), Completed on: 2002-01-07 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2002-01-07 Motion to extend time, to file the reply to Jan. 7, 2002, Completed on: 2002-01-07 Ontario Public Service Employees Union
2002-01-07 Applicant's reply to respondent's argument, Completed on: 2002-01-07 Ontario Public Service Employees Union
2001-12-19 Order on motion to extend time
2001-12-14 Correspondence received from, C. Flood dated Dec. 13, 2001 re: will file a reply with an extension of time by Jan. 7, 2002 Ontario Public Service Employees Union
2001-12-03 Decision on motion to extend time, Reg, to serve and file the respondents' response to Nov. 23, 2001.
Granted, no order as to costs
2001-12-03 Submission of motion to extend time, Reg
2001-11-23 Respondent's response on the application for leave to appeal, Completed on: 2001-11-23 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2001-11-22 Motion to extend time, to file the response to Nov. 23, 2001, Completed on: 2001-11-22 Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services
2001-10-16 Letter acknowledging receipt of an incomplete application for leave to appeal
2001-10-09 Supplemental document, Appendix of Statutes of the Applicant - 5 copies filed. Ontario Public Service Employees Union
2001-10-09 Book of authorities, 5 Copies filed, Completed on: 2001-10-09 Ontario Public Service Employees Union
2001-10-09 Court of Appeal casebooks and transcripts of evidence, Appeal Book - 3 copies filed
2001-10-09 Application for leave to appeal, (formal order of C.A. received Oct. 31, 2001), Completed on: 2001-11-05 Ontario Public Service Employees Union

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
Ontario Public Service Employees Union Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services Respondent Active
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Correctional Services Respondent Active
Ontario Crown Employees Grievance Settlement Board Respondent Active

Counsel

Party: Ontario Public Service Employees Union

Counsel
Name
Craig Flood
Contact information
Koskie Minksy
900-20 Queen Street West
Toronto, Ontario
M5H 3R3
Telephone: (416) 595-2105
FAX: (416) 204-2883
Agent
Name
Jula Hughes
Contact information
Engelmann Gottheil
30 Metcalfe Street
Suite 500
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: jhughes@eglaw.com

Party: Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services

Counsel
Names
Mary Gersht
Sean Kearney
Meredith Brown
Contact information
Attorney General of Ontario
7 Queen's Park Crescent East
Room 228, 2nd Floor, Frost Building South
Toronto, Ontario
M7A 1Z5
Telephone: (416) 327-6994
FAX: (416) 325-9404
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Her Majesty the Queen in Right of Ontario as represented by the Ministry of Correctional Services

Counsel
Names
Mary Gersht
Sean Kearney
Meredith Brown
Contact information
Attorney General of Ontario
7 Queen's Park Crescent East
Room 228, 2nd Floor, Frost Building South
Toronto, Ontario
M7A 1Z5
Telephone: (416) 327-6994
FAX: (416) 325-9404
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Ontario Crown Employees Grievance Settlement Board

This party is not represented by counsel.

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

May 5, 2000
Ontario Superior Court of Justice

377/99, 581/99

Respondents' applications for an order quashing the Interim Award and Final Award of the Ontario Crown Employees Grievance Settlement Board, allowed

August 10, 2001
Court of Appeal for Ontario

C35114

Appeal dismissed

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

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

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

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Webcasts

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Date modified: 2025-05-13