Case information
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33044
Dimitrios Papadopoulos v. Communications, Energy and Paperworkers Union of Canada, et al.
(Federal) (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) |
|---|---|---|
| 2009-06-09 | Close file on Leave | |
| 2009-06-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-06-05 | Judgment on leave sent to the parties | |
| 2009-06-04 |
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, Numbers A-237-07 and A-583-06, 2008 FCA 415, dated December 22, 2008, is dismissed with costs to the respondent Communications, Energy and Paperworkers Union of Canada. Dismissed, with costs |
|
| 2009-05-04 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-04-20 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2009-04-20 | Dimitrios Papadopoulos |
| 2009-04-09 | Respondent's response on the application for leave to appeal, (Letter Form), P. Glaude dated April 9/09 re: will not file any material in response (by fax), Completed on: 2009-04-09 | Corus Entertainment Inc. |
| 2009-03-19 | Respondent's response on the application for leave to appeal, Completed on: 2009-03-19 | Communications, Energy and Paperworkers Union of Canada |
| 2009-03-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-02-20 | Application for leave to appeal, Completed on: 2009-02-20 | Dimitrios Papadopoulos |
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 |
|---|---|---|
| Papadopoulos, Dimitrios | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Communications, Energy and Paperworkers Union of Canada | Respondent | Active |
| Corus Entertainment Inc. | Respondent | Active |
Counsel
Party: Papadopoulos, Dimitrios
This party is not represented by counsel.
Party: Communications, Energy and Paperworkers Union of Canada
Counsel
300-1717 boul. René-Levesque Est
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414 Ext: 217
FAX: (514) 525-2803
Email: mcohen@mmgs.qc.ca
Party: Corus Entertainment Inc.
Counsel
1100, boul. René-Levesque Ouest
25e étage
Montréal, Quebec
H3B 5C9
Telephone: (514) 787-7806
FAX: (514) 397-8515
Email: www.bcf.ca
Summary
Keywords
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Summary
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Administrative law – Judicial review – Whether Federal Court of Appeal erred concerning (1) alleged violation of rules of natural justice; and (2) reasonableness of decisions of Industrial Relations Board.
Mr. Papadopoulos was hired by Corus Entertainment Inc. in 1997 as a radio operator in Montreal. In December 2004, he received notice that his night shift was being eliminated in four days, and his income would drop significantly as a result. He wrote to the chief union steward and the employer, alleging non-compliance with several provisions of the applicable collective agreement. The union steward replied, on the same date, that most of the provisions in question applied only to full-time employees, whereas he was a part-time employee. Mr. Papadopoulos disputed that conclusion and argued that he was a full-time employee. Over time, relations between Mr. Papadopoulos and the employer became acrimonious, and he filed a grievance alleging constructive dismissal. The union did not pursue the grievance.
Mr. Papadopoulos then filed a complaint against the union, alleging that it had acted in a manner that was arbitrary, discriminatory or in bad faith in his case, contrary to s. 37 of the Canada Labour Code, R.S.C. 1985, c. L-2. The Canada Industrial Relations Board dismissed the complaint and also dismissed the application for review. The Federal Court of Appeal dismissed the applications for judicial review of the two decisions, holding that the Applicant had failed to show that the rules of natural justice had been violated or that the decisions of the Board were unreasonable in the circumstances.
Lower court rulings
Canada Industrial Relations Board
24976-C , Decision No. 1533
Rejetée
Canada Labour Relations Board
Demande de révision rejetée
Federal Court of Appeal
2008 CAF 415, A-237-07, A-583-06
Demande de contrôle judiciare rejetées
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
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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
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