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31413

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)
2006-07-10 Close file on Leave
2006-06-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-06-30 Judgment on leave sent to the parties
2006-06-29 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-357-05, 2006 FCA 74, dated February 15, 2006, is dismissed with costs to the respondent Air Line Pilots Association.
Dismissed, with costs
2006-06-05 All materials on application for leave submitted to the Judges, Bi De Abe
2006-05-23 Applicant's reply to respondent's argument, Completed on: 2006-05-23 Air Canada Pilots Association
2006-05-12 Respondent's response on the application for leave to appeal, Completed on: 2006-05-12 Air Canada
2006-05-12 Book of authorities Air Line Pilots Association
2006-05-12 Respondent's response on the application for leave to appeal, (3 volumes), Completed on: 2006-05-12 Air Line Pilots Association
2006-05-08 Notice of change of solicitor, (by fax) from R. Heenan to Fred Headon Air Canada
2006-04-20 Letter acknowledging receipt of a complete application for leave to appeal
2006-04-18 Application for leave to appeal, Proof of service missing - rec'd on April 20/06., Completed on: 2006-04-20 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
Name
Douglas J. Wray
Contact information
Caley & Wray
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Agent
Name
Andrew Raven
Contact information
Raven, Cameron, Ballantyne & Yazbeck LLP
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com

Party: Air Line Pilots Association

Counsel
Name
James K.A. Hayes
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
300-474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-5505
FAX: (416) 964-5895

Party: Air Canada

Counsel
Name
Fred Headon
Contact information
Air Canada
730 Côte-Vertu Ouest
Dorval, Quebec
H4S 1Y9
Telephone: (514) 422-7275
FAX: (514) 422-5829
Email: fred.headon@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.

Administrative law - Judicial review - Labour law - Arbitration - Whether there was a reasonable apprehension of bias in the factual circumstances of this case - Whether relief ought to have been denied in the face of a finding of a denial of procedural fairness.

Upon the merger of Air Canada and Canadian Airlines International Inc. disputes arose over the merged pilot seniority list that would result from the consolidation of the Applicant and the Respondent Associations into a single, consolidated bargaining unit. An initial arbitration award ordered by the Canada Industrial Relations Board was set aside on a reconsideration, but the Board declined to interfere with a subsequent arbitration award, from which two members dissented. The Applicant brought an application for judicial review of the award on the grounds of breaches of procedural fairness and a reasonable apprehension of bias.

Lower court rulings

May 20, 2005
Federal Court of Canada, Trial Division

T-1261-03, 2005 FC 723

Applicant's Application for judicial review of the arbitration award, dismissed

July 11, 2005
Federal Court of Canada, Trial Division

T-1261-03

See file.

February 15, 2006
Federal Court of Appeal

A-357-05, 2006 FCA 74

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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

Not available.

Date modified: 2026-08-20