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30880

Air Canada Pilots Association v. Air Line Pilots Association, et al.

(Federal) (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)
2005-11-25 Close file on Leave
2005-11-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-11-14 Judgment on leave sent to the parties
2005-11-10 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-106-04, 2005 FCA 60, dated February 14, 2005, is dismissed with costs to the Respondent, Air Line Pilots Association.

Dismissed, with costs
2005-09-12 All materials on application for leave submitted to the Judges, (revised from Ma F Abe) to, Bi F Abe
2005-05-16 Respondent's response on the application for leave to appeal, (4 volumes), Completed on: 2005-05-16 Air Line Pilots Association
2005-04-20 Letter acknowledging receipt of a complete application for leave to appeal
2005-04-15 Application for leave to appeal, Completed on: 2005-04-15 Air Canada Pilots Association

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
Air Canada Pilots Association Applicant Active

v.

Main parties - Respondents
Name Role Status
Air Line Pilots Association Respondent Active
Air Canada Respondent Active

Counsel

Party: Air Canada Pilots Association

Counsel
Steve Waller
Nelligan O'Brien Payne LLP
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Email: steve.waller@nelligan.ca

Party: Air Line Pilots Association

Counsel
Paul J.J. Cavalluzzo
Cavalluzzo Hayes Shilton McIntyre & Cornish
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com

Party: Air Canada

Counsel
Maryse Tremblay
Air Canada
Air Canada Centre 1276
P.O. Box 7000 , Stn Airport
Dorval, Quebec
H4Y 1J2
Telephone: (514) 422-2639
FAX: (514) 422-5731
Email: MTremblay@aircanada.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.

Since the merger of Air Canada and Canadian Airlines in 2000, two committees within the Air Canada bargaining unit have been attempting to resolve the highly contentious issue of the integration of pilot seniority lists. Pursuant to an arbitration protocol signed by the parties, the issue was decided by the arbitration panel. The protocol indicated that the decision was to be final and binding and that any review of the award was to be initiated by the Board. The Applicant requested that the Board review the award.
The Board decided that the arbitration protocol was binding and excluded any review of the award except to enforce its terms. The Federal Court of Appeal dismissed the Applicant’s application for judicial review.
The Applicant asks whether it had a legitimate expectation that the Board would conduct a review of the award.

Lower court rulings

January 28, 2004
Canada Industrial Relations Board

24013-C, CIRB/CCRI Decision No. 263

Board found to have exhausted any residual jurisdiction concerning the seniority integration process; Refuses to exercise any discretion to inquire upon the seniority integration process of its own motion

February 14, 2005
Federal Court of Appeal

A-106-04, 2005 FCA 60

Application for judicial review dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

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Factums on appeal

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

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Webcasts

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Date modified: 2025-02-27