Case information
Consult our database for details on a Supreme Court of Canada case.
35692
British Columbia Ferry and Marine Workers' Union v. British Columbia Ferry Services Inc.
(British Columbia) (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) |
|---|---|---|
| 2014-04-07 | Close file on Leave | |
| 2014-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-04 | Judgment on leave sent to the parties | |
| 2014-04-03 |
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 for British Columbia (Vancouver), Number CA038486, 2013 BCCA 497, dated November 20, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-03-10 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-02-28 | Applicant's reply to respondent's argument, Completed on: 2014-02-28 | British Columbia Ferry and Marine Workers' Union |
| 2014-02-19 | Certificate (on limitations to public access), (Electronic version filed on 2014-02-20) | British Columbia Ferry Services Inc. |
| 2014-02-19 | Respondent's response on the application for leave to appeal, Completed on: 2014-02-19 | British Columbia Ferry Services Inc. |
| 2014-01-27 | Correspondence received from, Sandra Banister dated 2014-01-27. Re: Submission of the C/A draft order | British Columbia Ferry and Marine Workers' Union |
| 2014-01-21 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2014-01-20 | Certificate (on limitations to public access), (Printed version filed on 2014-01-21) | British Columbia Ferry and Marine Workers' Union |
| 2014-01-20 | Notice of name, (Printed version filed on 2014-01-21) | British Columbia Ferry and Marine Workers' Union |
| 2014-01-20 | Application for leave to appeal, Final C/A order missing - Rec'd on 2014-02-17 (2 volumes), Completed on: 2014-01-20, (Electronic version filed on 2014-01-20) | British Columbia Ferry and Marine Workers' Union |
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 |
|---|---|---|
| British Columbia Ferry and Marine Workers' Union | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia Ferry Services Inc. | Respondent | Active |
Counsel
Party: British Columbia Ferry and Marine Workers' Union
Counsel
670 - 355 Burrard
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 662-7276
FAX: (604) 662-2287
Email: admin@banisterlaw.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: British Columbia Ferry Services Inc.
Counsel
Bentall 5
550 Burrard Street, Suite 1400
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 684-6633
FAX: (604) 684-6632
Email: cleenheer@harrisco.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
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.
Charter of Rights — Freedom of association — Administrative law — Boards and tribunals — Jurisdiction — Appropriate forum in which to apply for a remedy under s. 24(1) of the Charter where an administrative tribunal exceeds its jurisdiction by rendering an award inconsistent with the Charter — Whether Court of Appeal has jurisdiction to determine whether a labour arbitrator exceeded his jurisdiction by rendering a decision inconsistent with the Charter or its values under s. 100 of the Labour Relations Code, R.S.B.C. 1996, c. 244 — Whether Court of Appeal is a court of competent jurisdiction for the purpose of s. 24(1) of the Charter with respect to Charter issues arising under the Code.
British Columbia Ferry Services Inc. proposed the removal of several positions from the B.C. Ferry and Marine Workers Union. Having concluded that the relations between the parties and their collective agreement permitted him to base his decision on factors broader than the Board’s policy framework, the arbitrator found that approximately 161 employees perform management functions and removed them from the bargaining unit.
The British Columbia Labour Relations Board upheld the arbitrator’s decision and later rejected the Union’s application for reconsideration. The Union then applied for judicial review of the decision upholding the arbitrator’s decision and the reconsideration decision. The British Columbia Supreme Court dismissed the application for judicial review. The Union filed an appeal from the dismissal of the petition for judicial review under s. 99 of the Labour Relations Code, R.S.B.C. 1996, c. 244, and from the decision upholding the arbitration award under s. 100 of the Code. Both appeals were dismissed. Leave to appeal the s. 100 decision is now sought.
Lower court rulings
Court of Appeal for British Columbia (Vancouver)
CA038486, 2013 BCCA 497
CA039980, brought under s. 99 of the Labour Relations Code, R.S.B.C. 1996, c. 244, and CA038486, brought under s. 100 of the Code, 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
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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 613-996-8666 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
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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 613-996-8666 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