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.
30363
Concordia University Faculty Association (CUFA), et al. v. Richard Bisaillon, et al.
(Quebec) (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) |
|---|---|---|
| 2006-12-19 | Appeal closed | |
| 2006-12-19 | Certificate of taxation issued to, Burke-Robertson | |
| 2006-12-15 | Decision on the bill of costs, taxed at the amount of $8,859.27, Reg | |
| 2006-12-15 | Submission of the bill of costs, Reg | |
| 2006-11-27 | Bill of costs, Completed on: 2006-11-27 | Concordia University Faculty Association (CUFA) |
| 2006-05-23 | Correspondence (sent by the Court) to, N. Rodrigo c.c. to all parties re: response to his letter of May 18/06 confirming list of solicitors amended | |
| 2006-05-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-05-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-05-18 | Correspondence received from, Nick Rodrigo dated May 18/06 re: corrections in the list of sollicitors | Concordia University |
| 2006-05-18 |
Judgment on the appeal rendered, CJ Ba Bi LeB De Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-013403-035, dated March 31, 2004, heard on the December 14, 2005 is granted with costs throughout. The judgment of the Court of Appeal is set aside and the decision of the Superior Court is restored, McLachlin C.J. and Bastarache and Binnie JJ. dissenting. Allowed, with costs |
|
| 2006-01-20 | Record returned to the Registrar of the Court of Appeal, C/O: Ms. Lysanne P. Legault | |
| 2006-01-10 | Transcript received, (69 pages) | |
| 2005-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2005-12-14 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2005-12-14 | Respondent's condensed book, 14 copies - distributed at the hearing. | Richard Bisaillon |
| 2005-12-14 | Supplemental document, Supplemental authorities - 14 copies - distributed at the hearing. | Concordia University Faculty Association (CUFA) |
| 2005-12-14 | Appellant's condensed book, 14 copies - distributed at hearing. | Concordia University Faculty Association (CUFA) |
| 2005-12-14 |
Hearing of the appeal, 2005-12-14, CJ Ba Bi LeB De Abe Cha Judgment reserved |
|
| 2005-12-13 | Appellant's book of authorities, (joint Additional Authorities), Completed on: 2005-12-13 | Concordia University Faculty Association (CUFA) |
| 2005-12-07 | Notice of appearance, Mario Évangéliste and Marie Pépin will be appearing. | Richard Bisaillon |
| 2005-12-07 | Notice of appearance, Guy Du Pont, Nancy Boyle, Nick Rodrigo and Jean-Philippe Groleau will be appearing. | Concordia University |
| 2005-12-02 | Notice of appearance, John T. Keenan and Harold C. Lehrer will be appearing. | Concordia University Faculty Association (CUFA) |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-11 |
Appeal hearing scheduled, 2005-12-14, Previously Oct. 11, 21 and Dec. 6/05) Judgment reserved |
|
| 2005-05-02 | Appeal perfected for hearing | |
| 2005-04-29 | Respondent's book of authorities, (service rec'd May 3/05), Completed on: 2005-05-06 | Richard Bisaillon |
| 2005-04-29 | Respondent's factum, (service rec'd May 3/05 - CD rec'd Aug. 5/05), Completed on: 2005-05-06 | Richard Bisaillon |
| 2005-03-09 | Appellant's book of authorities, (joint) Vol. I & II, Completed on: 2005-03-09 | Concordia University Faculty Association (CUFA) |
| 2005-03-09 | Appellant's record, (joint) Vol. I to X, Completed on: 2005-03-09 | Concordia University Faculty Association (CUFA) |
| 2005-03-09 | Appellant's factum, (joint appellants' factum / CD rec'd Aug. 24/05), Completed on: 2005-03-09 | Concordia University Faculty Association (CUFA) |
| 2005-01-20 | Record returned to the Registrar of the Court of Appeal, 5 Boxes returned to Me Lysanne P. Legault as per letter filed January 19, 2005 | |
| 2005-01-19 | Correspondence received from, Guy Du Pont dated Jan. 18/05 requesting that the C/A and Trial records to be returned back | Concordia University |
| 2004-12-16 | Notice of appeal, (joint with Concordia University) missing service to Hall and Fink, Completed on: 2004-12-17 | Concordia University Faculty Association (CUFA) |
| 2004-12-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-12-03 | Appeal court record, (4 boxes + 1 box - joint with Trial Court record) | |
| 2004-11-19 | Judgment on leave sent to the parties | |
| 2004-11-18 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-013403-035, dated March 31, 2004, are granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2004-09-07 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-07-07 | Letter acknowledging receipt of a complete application for leave to appeal, (2nd application) | |
| 2004-07-07 | Letter acknowledging receipt of a complete application for leave to appeal, (first application) | |
| 2004-06-28 | Applicant's reply to respondent's argument, Completed on: 2004-06-28 | Concordia University |
| 2004-06-28 | Applicant's reply to respondent's argument, Completed on: 2004-06-28 | Concordia University Faculty Association (CUFA) |
| 2004-06-23 | Respondent's response on the application for leave to appeal, (responding to both applications), Completed on: 2004-06-23 | Richard Bisaillon |
| 2004-05-31 | Application for leave to appeal, (SECOND APPLICATION), Completed on: 2004-07-07 | Concordia University |
| 2004-05-28 | Application for leave to appeal, (FIRST APPLICATION)- Proof of service rec'd May 31/04, Completed on: 2004-07-07 | Concordia University Faculty Association (CUFA) |
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 |
|---|---|---|
| Concordia University Faculty Association (CUFA) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bisaillon, Richard | Respondent | Active |
| Concordia University | Respondent | Active |
| Régie des Rentes du Québec | Respondent | Active |
| Hall, John | Respondent | Active |
| Fink, Howard | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Concordia University | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bisaillon, Richard | Respondent | Active |
| Régie des Rentes du Québec | Respondent | Active |
| Concordia University Faculty Association (CUFA) | Respondent | Active |
| Hall, John | Respondent | Active |
| Fink, Howard | Respondent | Active |
Counsel
Party: Concordia University Faculty Association (CUFA)
Counsel
Harold C. Lehrer
1 Westmount Square
Suite 1500
Westmount, Quebec
H3Z 2P9
Telephone: (514) 935-6222
FAX: (514) 935-2314
Email: keenan-lehrermtl@poenface.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Concordia University
Counsel
Odette Nadon
Guy Du Pont
Jody Shugar
Nick Rodrigo
Jean-Philippe Groleau
600 de La Gauchetière Street West
Suite 2400
Montréal, Quebec
H3B 4L8
Telephone: (514) 878-5665
FAX: (514) 878-4815
Email: nancy.boyle@ddsm.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Bisaillon, Richard
Counsel
Marie Pépin
501 - 2100, boulevard De Maisonneuve Est
Montréal, Quebec
H2K 4S1
Telephone: (514) 529-4903
FAX: (514) 529-4932
Email: mario.evangeliste@csn.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Régie des Rentes du Québec
Counsel
501 - 2600, boul. Laurier
Sainte-Foy, Quebec
G1V 4T3
Telephone: (418) 657-8702 Ext: 3024
FAX: (418) 643-9590
Email: jean.marc.dufour@rrq.gouv.qc.ca
Party: Hall, John
Counsel
Pièce 505
Saint-Lambert, Quebec
J4P 1L3
Telephone: (514) 868-0220
FAX: (514) 672-0016
Email: 11mch@bellnet.ca
Party: Fink, Howard
Counsel
Pièce 505
Saint-Lambert, Quebec
J4P 1L3
Telephone: (514) 868-0220
FAX: (514) 672-0016
Email: 11mch@bellnet.ca
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.
Richard Bisaillon, an employee of Concordia University, while he was president of the union representing the University’s support staff, introduced a motion in Superior Court for authorization to bring a class action on behalf of all of the beneficiaries of the University’s pension plan, that is approximately 4,100 employees, about 350 of whom were not unionized.
According to the motion for authorization, Mr. Bisaillon’s action was aimed at contesting the legality of certain amendments made to the pension plan by the University and having the premium holidays and the use of the plan’s surplus funds declared illegal. The action also sought an accounting of the pension plan’s total net surplus.
The Concordia University Faculty Association, a signatory to one of the collective agreements in question, filed a motion for declinatory exception to have the Superior Court decline jurisdiction in respect of the motion for authorization to bring a class action on the ground that the dispute at the centre of the motion for authorization fell within the exclusive jurisdiction of a grievance arbitrator.
On April 25, 2003, Crépeau J. of the Superior Court allowed the motion for declinatory exception and declined jurisdiction. On March 31, 2004, the Court of Appeal unanimously reversed the decision and referred the case back to the Superior Court for a ruling on the motion for authorization to bring a class action.
Lower court rulings
Superior Court of Quebec
500-06-000057-972
Requête en exception déclinatoire rejetée; dossier retourné à la Cour supérieure pour adjudication sur la requête en autorisation d'exercer un recours collectif
Court of Appeal of Quebec (Montréal)
500-09-013403-035
Appel accueilli; jugement de première instance infirmé; requête en exception déclinatoire rejetée; dossier retourné à la Cour supérieure pour adjudication sur la requête en autorisation d'exercer un recours collectif
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