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.
36305
Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc. v. Communications, Energy and Paperworkers Union of Canada, Local 2000, et al.
(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) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 CA041416, 2014 BCCA 496, dated December 18, 2014, is dismissed with costs to the respondent, Communications, Energy and Paperworkers Union of Canada, Local 2000. Dismissed, with costs |
|
| 2015-06-01 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-03-24 | Applicant's reply to respondent's argument, Completed on: 2015-03-24 | Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc. |
| 2015-03-17 | Certificate (on limitations to public access) | British Columbia Labour Relations Board |
| 2015-03-17 | Notice of name | British Columbia Labour Relations Board |
| 2015-03-17 | Respondent's response on the application for leave to appeal, Completed on: 2015-03-17 | British Columbia Labour Relations Board |
| 2015-03-13 | Certificate (on limitations to public access) | Communications, Energy and Paperworkers Union of Canada, Local 2000 |
| 2015-03-13 | Notice of name | Communications, Energy and Paperworkers Union of Canada, Local 2000 |
| 2015-03-13 | Respondent's response on the application for leave to appeal, Completed on: 2015-03-13 | Communications, Energy and Paperworkers Union of Canada, Local 2000 |
| 2015-02-16 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, File opened on 2015-02-16 | |
| 2015-02-13 | Certificate (on limitations to public access) | Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc. |
| 2015-02-13 | Notice of name | Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc. |
| 2015-02-13 |
Application for leave to appeal, Final C/A order missing - Rec'd on 2015-02-25 , Completed on: 2015-02-13 |
Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc. |
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 |
|---|---|---|
| Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Communications, Energy and Paperworkers Union of Canada, Local 2000 | Respondent | Active |
| British Columbia Labour Relations Board | Respondent | Active |
Counsel
Party: Pacific Newspaper Group Inc., a division of Canwest Mediaworks Publication Inc./Publications Canwest Mediaworks Inc.
Counsel
Mark G. Hulstein
550 Burrard Street
Suite 1400
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 684-6633
FAX: (604) 684-6632
Email: djordan@harrisco.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Communications, Energy and Paperworkers Union of Canada, Local 2000
Counsel
Marie-France Major
Suite 300 - 111 Water Street
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 687-5611
FAX: (604) 681-0912
Email: dcrane@rcga.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: British Columbia Labour Relations Board
Counsel
600 - 1066 West Hastings Street
Vancouver, British Columbia
V6E 3X1
Telephone: (604) 660-1300
FAX: (604) 660-1892
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.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.
Administrative law – Judicial review – Standard of review – Is the meaning of “patently unreasonable” in the Administrative Tribunals Act, S.B.C. 2004, c. 45 informed by and developed in accordance with evolutions at common law – What is the proper approach to the interpretation of legislation which incorporates terminology found in the common law.
The respondent union issued an unfair employer declaration (“UED”) against Telus Corporation and related companies (“Telus”). As a result, the employees of the applicant refused to handle advertisements Telus tried to publish in two B.C. newspapers. The UED was rescinded five weeks later when the labour dispute with Telus was resolved. After the UED was issued, the applicant filed a grievance for damages under the collective agreement and an application with the British Columbia Labour Relations Board (the “Board”) under s. 70 of the Labour Relations Code, R.S.B.C. 1996, c. 244 (the “Code”). Under that provision, the Board “may, in its discretion, issue a declaratory opinion” that the UED was void, if it is satisfied that the UED is substantially affecting the applicant’s business or operations.
The application was dismissed, triggering a series of Board decisions and reconsiderations, judicial reviews and appeals. In a fourth reconsideration decision, the Board determined that it has the jurisdiction to exercise discretion in determining whether or not to issue a declaratory opinion under s. 70 of the Code. It further concluded that s. 70 does not give the Board jurisdiction to make “an order” or to find a contravention of the Code that would provide a basis to seek damages. Given the nature of s. 70, the Board ultimately confirmed previous Board decisions declining to exercise the discretion to issue a declaratory opinion on the facts of the case. An application for judicial review was dismissed by the Supreme Court of British Columbia, as was an appeal to the Court of Appeal of British Columbia.
Lower court rulings
British Columbia Labour Relations Board
BCLRB B46/2012
Board held to have discretion to refuse a remedy under s. 70 of the Code and previous refusal found to be appropriate in this case
Supreme Court of British Columbia
S122287, 2013 BCSC 2155
Applicant’s application for judicial review dismissed
Court of Appeal for British Columbia (Vancouver)
CA041416, 2014 BCCA 496
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