Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35952
Norman C. Beaulieu v. Governors of the University of Alberta, et al.
(Alberta) (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) |
|---|---|---|
| 2015-06-24 | Close file on Leave | |
| 2015-06-23 | Certificate of taxation issued to, Kevin S. Feth, Q.C. | |
| 2015-06-23 | Decision on the bill of costs, in the amount of $1,921.40, DeRg | |
| 2015-06-23 | Submission of the bill of costs, DeRg | |
| 2015-04-30 | Bill of costs, Completed on: 2015-04-30 | Governors of the University of Alberta |
| 2014-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-11-14 | Judgment on leave sent to the parties | |
| 2014-11-13 |
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 Alberta (Edmonton), Number 1303-0159-AC, 2014 ABCA 137, dated April 22, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-10-14 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-09-04, (Electronic version filed on 2014-09-02) | Norman C. Beaulieu |
| 2014-08-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-08-22, (Printed version filed on 2014-08-25) | Governors of the University of Alberta |
| 2014-08-22 | Certificate (on limitations to public access) | Governors of the University of Alberta |
| 2014-06-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, File open 2014-06-24 | |
| 2014-06-23 | Certificate (on limitations to public access) | Norman C. Beaulieu |
| 2014-06-23 | Application for leave to appeal, (Book Form), trial court reasons missing (rec'd 2014-07-02 bound in application), Completed on: 2014-07-21, (Electronic version filed on 2014-06-23) | Norman C. Beaulieu |
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 |
|---|---|---|
| Beaulieu, Norman C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Governors of the University of Alberta | Respondent | Active |
| David T. Lynch, Horacio J. Marquez | Respondent | Active |
Counsel
Party: Beaulieu, Norman C.
Counsel
Ben A. Guido
2200, 10123 - 99 Street
Edmonton, Alberta
T5J 3H1
Telephone: (780) 429-1600
FAX: (780) 420-1645
Email: codishaw@odishawlaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Governors of the University of Alberta
Counsel
Mick P. Wall
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: David T. Lynch, Horacio J. Marquez
Counsel
Mick P. Wall
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
Courts — Jurisdiction — Collective agreement — Exclusive jurisdiction — Whether, in the absence of the requisite legislative intent, the exclusive jurisdiction model adopted by this Court in Weber v. Ontario Hydro, [1995] 2 S.C.R. 929, should be applied to all labour relations legislation — Whether the Weber principles been diluted so extensively that our Courts are now refusing to exercise their inherent or residual jurisdiction where necessary to provide effective redress to parties.
Mr. Beaulieu was employed as a professor by the University of Alberta from 2000. His employment included research chair positions supported by funding, and was subject to the terms of a collective agreement authorized by the Post-secondary Learning Act, S.A. 2003, c. P-19.5. Starting in 2006, there have been multiple proceedings under the collective agreement involving Mr. Beaulieu, the Respondents, and others. In August 2012, Mr. Beaulieu filed a statement of claim against the Respondents for harassment, denial of access to research funding records, breach of a settlement agreement, breach of confidentiality, defamation, intentional infliction of mental suffering, and a failure to stop disciplinary proceedings to accommodate his medical condition. He sought damages and an accounting of research funding. The Respondents filed a statement of defence and advised Mr. Beaulieu’s counsel of their position that the court lacked jurisdiction. Mr. Beaulieu applied for an interlocutory injunction with respect to the dispute resolution proceedings under the collective agreement. The Respondents applied to strike the statement of claim, arguing that the court lacked jurisdiction because the collective agreement provided an exclusive forum for resolution of the dispute.
The chambers judge struck the statement of claim, declined to grant an injunction and awarded double Column 4 costs against Mr. Beaulieu. On January 2, 2014, Mr. Beaulieu’s employment with the University was terminated. He then filed a complaint under the collective agreement regarding his existing research funding. The Court of Appeal dismissed Mr. Beaulieu’s appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
1203 11481, 2013 ABQB 237
Statement of claim struck; injunction application dismissed
Court of Appeal of Alberta (Edmonton)
1303-0159-AC, 2014 ABCA 137
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 613‑996‑7933 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
Not available
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