Case information
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30965
Syndicat national des employés de l'aluminium d'Arvida inc. (SNEAA) v. Alcan inc.
(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) |
|---|---|---|
| 2005-10-11 | Close file on Leave | |
| 2005-10-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-07 | Judgment on leave sent to the parties | |
| 2005-10-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-09-004926-041, dated April 4, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-08-29 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-06-23 | Book of authorities | Alcan inc. |
| 2005-06-23 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-23 | Alcan inc. |
| 2005-06-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-05-31 | Application for leave to appeal, (service requested - Rec'd June 1, 2005), Completed on: 2005-06-01 | Syndicat national des employés de l'aluminium d'Arvida inc. (SNEAA) |
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 |
|---|---|---|
| Syndicat national des employés de l'aluminium d'Arvida inc. (SNEAA) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alcan inc. | Respondent | Active |
Counsel
Party: Syndicat national des employés de l'aluminium d'Arvida inc. (SNEAA)
Counsel
300 - 1717 boul. René-Lévesque Est
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414
FAX: (514) 525-2803
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
Party: Alcan inc.
Counsel
1981, avenue McGill College
Bureau 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: phebert@ogilvyrenault.com
Agent
1600 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
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.
On February 21, 2002, Richard Tremblay, an employee of the Respondent Alcan Inc. since 1974, was sentenced to a term of imprisonment after pleading guilty to a charge of sexual assault. On March 4, 2002, Alcan terminated Mr. Tremblay’s employment on the basis of Clause A.6(n) of the collective agreement, which relates to absences without leave for five normal working days. The Applicant union filed a grievance contesting the dismissal. The arbitrator who heard the grievance rescinded the dismissal and ordered that Mr. Tremblay be reinstated retroactively to November 16, 2002, the date when he became available for work again. The arbitrator found that the clause in question did not apply to unauthorized absences that were involuntary. The Superior Court dismissed Alcan’s application for judicial review. The Court of Appeal, finding the arbitrator’s decision to be patently unreasonable, allowed the appeal and quashed the arbitration award. It ruled that the clause provided for an administrative measure that could be reviewed by the arbitrator only if the employer had exercised its discretion in a discriminatory, abusive or arbitrary manner.
Lower court rulings
Superior Court of Quebec
150-17-000759-040
Requête de l'intimée en révision judiciaire rejetée
Court of Appeal of Quebec (Québec)
200-09-004926-041
appel accueilli; requête en révision judiciaire accueillie, la sentence arbitrale est cassée et le dossier est retourné à l'arbitre de griefs
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
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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