Case information
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36264
Rachel Exeter v. Attorney General of Canada
(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) |
|---|---|---|
| 2015-11-19 | Correspondence (sent by the Court) to, the applicant. Returning the motion that was submitted on November 12, 2015. Letter signed by the Registrar. | |
| 2015-10-16 | Correspondence (sent by the Court) to, the applicant re: correspondence received September 30, 2015. | |
| 2015-10-13 | Close file on Leave | |
| 2015-10-01 | Correspondence (sent by the Court) to, all parties. Cover letter for Order of Justice Cromwell dated September 30, 2015. | |
| 2015-09-30 | Correspondence received from, the applicant. | Rachel Exeter |
| 2015-09-30 | Order on application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, (by JUSTICE CROMWELL) | |
| 2015-09-30 |
Decision on judicial taxation, Cro, UPON APPLICATION by the applicant, dated August 24, 2015, for a review of the taxation of costs pursuant to Rule 84(2) of the Rules of the Supreme Court of Canada; AND HAVING READ the material filed by the parties; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2015-09-30 | Submission of application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, Cro | |
| 2015-09-15 | Correspondence (sent by the Court) to, the applicant, in response to the September 1, 2015 correspondence. | |
| 2015-09-14 | Correspondence received from, Ms. Exeter. Response to the letter sent by the Court date September 1, 2015. | Rachel Exeter |
| 2015-09-14 | Reply to application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, Completed on: 2015-09-14 | Rachel Exeter |
| 2015-09-01 | Correspondence (sent by the Court) to, the applicant requesting a motion for extension of time for the objection to the taxation of the bill of costs. | |
| 2015-08-31 | Response to application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, Completed on: 2015-08-31 | Attorney General of Canada |
| 2015-08-24 | Application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, (Book Form), (fee waiver requested - fee waiver granted), Completed on: 2015-09-17 | Rachel Exeter |
| 2015-07-08 | Certificate of taxation issued to, Léa Bou Karam | |
| 2015-07-08 | Decision on the bill of costs, in the amount of $1,256.82, DeRg | |
| 2015-07-08 | Submission of the bill of costs, DeRg | |
| 2015-05-27 | Reply to the bill of costs, Completed on: 2015-05-27 | Attorney General of Canada |
| 2015-05-22 | Response to the bill of costs, Completed on: 2015-05-22 | Rachel Exeter |
| 2015-05-11 | Bill of costs, (filing fee missing) (filing fee received June 4, 2015), Completed on: 2015-06-04 | Attorney General of Canada |
| 2015-04-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-04-24 | Judgment on leave sent to the parties | |
| 2015-04-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-301-12, 2014 FCA 251, dated November 3, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2015-04-23 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2015-03-30 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2015-03-30 | Submission of motion to extend time to file and/ or serve the leave application, Ro Cro Mo | |
| 2015-02-23 | Applicant's reply to respondent's argument, Completed on: 2015-02-23 | Rachel Exeter |
| 2015-02-19 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2015-02-19 | Attorney General of Canada |
| 2015-02-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2015-02-17 | Rachel Exeter |
| 2015-02-13 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2015-02-13 | Respondent's response on the application for leave to appeal, Completed on: 2015-02-13 | Attorney General of Canada |
| 2015-01-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened on 2015-01-19 | |
| 2015-01-15 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2015-01-12 | Application for leave to appeal, Motion for extension of time requested - Rec'd on 2015-02-17 (2 volumes), Completed on: 2015-02-17 | Rachel Exeter |
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 |
|---|---|---|
| Exeter, Rachel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Exeter, Rachel
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
300, Avenue Laurier ouest
Tour ouest, 5e étage
Ottawa, Ontario
K1A 0R5
Telephone: (613) 941-5067
FAX: (613) 954-5806
Email: lea.boukaram@tbs-sct.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.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.
Charter of Rights — Constitutional law — Administrative Law — Appeals — Standard of Review — Jurisdiction — Bias — Public Service Labour Relations Board — Whether the Federal Court of Appeal misused legal principles so as to embark on a reasonableness standard of review with respect to jurisdictional and procedural unfairness findings and in deference to the Board — Whether the decisions below reveal a breach of constitutional or Charter rights — Whether the decisions below disclose reviewable error concerning the ambit of ss. 36 and 40 of the Public Service Labour Relations Act and the Board’s jurisdiction to fairly adjudicate in light of misfeasance and/or malfeasance of public officials — Whether there was judicial bias.
Ms. Exeter filed a number of grievances against Statistics Canada. After a 12-hour mediation session, Ms. Exeter and Statistics Canada reached a settlement on nine of her grievances, without prejudice to her ability to continue the adjudication of any unresolved issues. Both parties were represented by counsel during the mediation. A hearing of the grievances, which was scheduled to resume the following day, was therefore cancelled. Ms. Exeter then tried to have the memorandum of agreement negated. Ms. Exeter and the employer both engaged with the Public Service Labour Relations Board and the adjudicator on a number of issues, many of them concerning compliance with the memorandum of agreement, and Ms. Exeter informed the Board that she would no longer be represented by counsel. While the case was being held in abeyance pending an unrelated appeal on similar issues, Ms. Exeter withdrew her request that the adjudicator intervene further, but Statistics Canada did not follow suit. Once the unrelated appeal was decided, Ms. Exeter made an informal request that the Board appoint a different adjudicator to determine the validity of the memorandum of agreement. When the Board declined, Ms. Exeter filed a formal motion to the same effect. The Board dismissed the motion, and the Federal Court of Appeal dismissed the application for judicial review of that decision.
Lower court rulings
Public Service Labour Relations Board
548-02-7, 2012 PSLRB 24
Motion to remove adjudicator seized of grievances and refer the matter to an alternate adjudicator dismissed
Federal Court of Appeal
A-301-12, 2014 FCA 251
Application for judicial review 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
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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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