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29323

The Board of Governors of Lethbridge Community College v. Alberta Union of Provincial Employees, et al.

(Alberta) (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)
2005-02-14 Payment out cheque issued, ($521.30)
2005-02-01 Approved order for payment out, (sent to Finance Feb. 3/05)
2005-02-01 Order on miscellaneous motion, (see Tab 3 of motion book)
2005-02-01 Decision on miscellaneous motion, for an order reimbursing to the appellant the payment of $500 security deposit, DeRg
Granted
2005-02-01 Submission of miscellaneous motion, DeRg
2005-01-21 Response to miscellaneous motion, (Letter Form), from Stephen B. Acker dated Nov. 10/04 (included in motion book), Completed on: 2005-01-21 Alberta Union of Provincial Employees
2005-01-21 Notice of miscellaneous motion, for payment out of the $500 security deposit (bookform), Completed on: 2005-01-21 The Board of Governors of Lethbridge Community College
2004-07-13 Appeal closed
2004-06-08 Record returned to the Registrar of the Court of Appeal
2004-04-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-04-29 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0103-0038-AC, dated May 30, 2002, heard on November 4, 2003 is allowed with costs throughout. The decision of the Court of Appeal is set aside and the award of the majority of the arbitration board is restored.
Allowed, with costs
2003-12-30 Correspondence received from, M. Healey dated Dec. 29, 2003 (fax copy) re: will replace Michael Phelan as Ottawa agent The Board of Governors of Lethbridge Community College
2003-11-18 Transcript received, (88 pages)
2003-11-04 Appellant's condensed book, 14 copies recvd in court The Board of Governors of Lethbridge Community College
2003-11-04 Acknowledgement and consent for video taping of proceedings, from all parties
2003-11-04 Judgment reserved OR rendered with reasons to follow
2003-11-04 Hearing of the appeal, 2003-11-04, CJ Ia Ma Ba Bi Arb LeB De F
Judgment reserved
2003-10-30 Notice of withdrawal, (sent to the judges on Nov. 3, 2003) Attorney General of Ontario
2003-10-22 Notice of appearance, Mr. Dev Chankasingh and Mr. Eugene Meehan Provincial Health Authorities of Alberta
2003-10-21 Book of authorities, Completed on: 2003-10-21 Provincial Health Authorities of Alberta
2003-10-21 Intervener's factum, Completed on: 2003-10-22 Provincial Health Authorities of Alberta
2003-10-14 Order by, De, UPON APPLICATIONS by the Attorney General of Ontario, the Canadian Labour Congress and the National Union of Public and General Employees for leave to intervene in the above appeal and pursuant to the order of September 10, 2003;

IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding fifteen (15) minutes each at the hearing of the appeal.
Granted
2003-10-14 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2003-10-14 Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicant, the Provincial Health Authorities of Alberta, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 21, 2003.

IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.

The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2003-10-14 Submission of motion for leave to intervene, De
2003-10-14 Decision on motion to extend time, De
Granted
2003-10-14 Submission of motion to extend time, De
2003-10-08 Book of authorities, Completed on: 2003-10-08 Canadian Labour Congress and National Union of Public and General Employees
2003-10-08 Intervener's factum, (see order of 09/10/03), Completed on: 2003-10-08 Canadian Labour Congress and National Union of Public and General Employees
2003-10-07 Book of authorities, Completed on: 2003-10-07 Attorney General of Ontario
2003-10-07 Intervener's factum, (see order of 09/10/03), Completed on: 2003-10-09 Attorney General of Ontario
2003-10-01 Reply to the motion for leave to intervene, book form, Completed on: 2003-10-01 Provincial Health Authorities of Alberta
2003-09-30 Notice of appearance, Mr. William J. Armstrong for the appellant The Board of Governors of Lethbridge Community College
2003-09-29 Response to the motion for leave to intervene, (Letter Form), S. B. Acker - joint with response to motion for extension of time (by fax), Completed on: 2003-09-29 Alberta Union of Provincial Employees
2003-09-29 Response to motion to extend time, (Letter Form), S. B. Acker - joint with response to motion to intervene (by fax), Completed on: 2003-09-29 Alberta Union of Provincial Employees
2003-09-25 Response to the motion for leave to intervene, (Letter Form), M. L. Phelan (by fax), Completed on: 2003-09-25 The Board of Governors of Lethbridge Community College
2003-09-24 Motion to extend time, to file the motion to intervene to Sept. 24, 2003 (enclosed), Completed on: 2003-09-24 Provincial Health Authorities of Alberta
2003-09-24 Motion for leave to intervene, book form, Completed on: 2003-09-24 Provincial Health Authorities of Alberta
2003-09-10 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2003-09-10 Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicant, the Attorney General for Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 8, 2003.

The motion for leave to intervene of the applicants, the Canadian Labour Congress and National Union of Public and General Employees, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length on or before October 8, 2003.

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.

The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2003-09-10 Submission of motion for leave to intervene, De
2003-09-09 Reply to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated Sept. 9, 2003 (via e-mail), Completed on: 2003-09-09 Attorney General of Ontario
2003-08-29 Notice of hearing sent to parties
2003-08-28 Appeal hearing scheduled, 2003-11-04
Judgment reserved
2003-08-27 Order on miscellaneous motion
2003-08-27 Decision on miscellaneous motion, to accept the respondents factum as filed, Reg
Granted
2003-08-27 Submission of miscellaneous motion, Reg
2003-08-27 Response to the motion for leave to intervene, (fax), Completed on: 2003-08-27 Alberta Union of Provincial Employees
2003-08-21 Response to miscellaneous motion, (Letter Form), M.L. Phelan re: will not be contesting (by fax), Completed on: 2003-08-21 The Board of Governors of Lethbridge Community College
2003-08-19 Notice of miscellaneous motion, to accept factum as filed, Completed on: 2003-08-19 Alberta Union of Provincial Employees
2003-08-11 Motion for leave to intervene, (book form), Completed on: 2003-08-11 Canadian Labour Congress and National Union of Public and General Employees
2003-08-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2003-08-11 The Board of Governors of Lethbridge Community College
2003-08-07 Motion for leave to intervene, (3 copies), Completed on: 2003-08-07 Attorney General of Ontario
2003-08-07 Appeal perfected for hearing
2003-08-06 Respondent's book of authorities, Completed on: 2003-08-06 Alberta Union of Provincial Employees
2003-08-06 Respondent's factum, (Motion requested to accept as filed - printed on right - rec'd Aug. 19/03), Completed on: 2003-08-19 Alberta Union of Provincial Employees
2003-06-12 Appellant's book of authorities, Vol. I & II, Completed on: 2003-06-12 The Board of Governors of Lethbridge Community College
2003-06-12 Appellant's record, Completed on: 2003-06-12 The Board of Governors of Lethbridge Community College
2003-06-12 Appellant's factum, Completed on: 2003-06-12 The Board of Governors of Lethbridge Community College
2003-05-01 Appeal court record, (1 box - joint with Trial Court record)
2003-03-24 Notice of deposit for security The Board of Governors of Lethbridge Community College
2003-03-24 Notice of appeal, Completed on: 2003-03-24 The Board of Governors of Lethbridge Community College
2003-03-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-02-21 Judgment on leave sent to the parties
2003-02-20 Judgment of the Court on the application for leave to appeal, CJ Ba De, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0103-0038-AC, dated May 30, 2002, is granted with costs to the applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2003-01-20 All materials on application for leave submitted to the Judges, CJ Ba De
2002-10-11 Letter acknowledging receipt of an incomplete application for leave to appeal
2002-10-04 Applicant's reply to respondent's argument, Completed on: 2002-10-04 The Board of Governors of Lethbridge Community College
2002-09-24 Respondent's response on the application for leave to appeal, Completed on: 2002-09-24 Alberta Union of Provincial Employees
2002-08-27 Book of authorities The Board of Governors of Lethbridge Community College
2002-08-27 Application for leave to appeal, (formal order of C.A. not yet filed)(formal order of C.A. received on Oct. 17, 2002), Completed on: 2002-10-21 The Board of Governors of Lethbridge Community College

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
The Board of Governors of Lethbridge Community College Appellant Active

v.

Main parties - Respondents
Name Role Status
Alberta Union of Provincial Employees Respondent Active
Babin, Sylvia Respondent Active

Other parties

Other parties
Name Role Status
Canadian Labour Congress and National Union of Public and General Employees Intervener Active
Provincial Health Authorities of Alberta Intervener Active

Counsel

Party: The Board of Governors of Lethbridge Community College

Counsel
Name
William J. Armstrong, Q.C.
Contact information
Laird, Armstrong
770 - 340, 12th Avenue S.W.
Calgary, Alberta
T2R 1L5
Telephone: (403) 233-0050
FAX: (403) 266-1238
Email: w.armstrong@lairdarmstrong.com
Agent
Name
Martha A. Healey
Contact information
Ogilvy Renault
1600 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459

Party: Alberta Union of Provincial Employees

Counsel
Name
G. Brent Gawne
Contact information
3100 Manulife Place
10180 101 St. N.W.
Edmonton, Alberta
T5J 3S4
Telephone: (780) 421-1132
FAX: (780) 429-1440
Agent
Name
Stephen B. Acker
Contact information
Johnston & Buchan LLP
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: Babin, Sylvia

Counsel
Name
G. Brent Gawne
Contact information
3100 Manulife Place
10180 101 St. N.W.
Edmonton, Alberta
T5J 3S4
Telephone: (780) 421-1132
FAX: (780) 429-1440
Agent
Name
Stephen B. Acker
Contact information
Johnston & Buchan LLP
275 Slater St
17th Fl
Ottawa, Ontario
K1P 5H9
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: Canadian Labour Congress and National Union of Public and General Employees

Counsel
Name
John Baigent
Contact information
Baigent & Jackson
706 Cliff Ave
Box 309
Enderby, British Columbia
V0E 1V0
Telephone: (250) 838-2111
FAX: (250) 838-0333
Email: jbaigent@sunwave.net
Agent
Name
Dougald E. Brown
Contact information
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

Party: Provincial Health Authorities of Alberta

Counsel
Names
Craig Neuman
Eugene Meehan
Dev Chankasingh
Contact information
Neuman Thompson
200, 12220 Stony Plain Road
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-7645
FAX: (780) 488-0026
Agent
Name
Marie-France Major
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

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

November 7, 2000
Court of Queen’s Bench of Alberta

0003-01146

Respondents' application for judicial review, dismissed

May 30, 2002
Court of Appeal of Alberta (Edmonton)

0103-0038-AC

Appeal allowed; Respondent Sylvia Babin's employment reinstated with the Appellant

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

Not available

Webcasts

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Date modified: 2025-05-13