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Case information

Consult our database for details on a Supreme Court of Canada case.


36834

Elizabeth Bernard v. Canada Revenue Agency, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2018-08-20 Close file on Leave
2017-08-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-08-25 Judgment on leave sent to the parties
2017-08-24 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, Number A-316-15, 2017 FCA 40, dated February 24, 2017, is dismissed with costs.
Dismissed, with costs
2017-07-10 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-07-04 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-07-04 Elizabeth Bernard
2017-06-21 Certificate (on limitations to public access) Professional Institute of the Public Service of Canada
2017-06-21 Notice of name Professional Institute of the Public Service of Canada
2017-06-21 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-21 Professional Institute of the Public Service of Canada
2017-06-05 Certificate (on limitations to public access) Canada Revenue Agency
2017-06-05 Notice of name Canada Revenue Agency
2017-06-05 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-06-05 Canada Revenue Agency
2017-05-23 Letter acknowledging receipt of a complete application for leave to appeal, File reopened on 2017-05-23
2017-05-18 Certificate (on limitations to public access) Elizabeth Bernard
2017-04-28 Letter acknowledging receipt of an application for leave to appeal
2017-04-25 Application for leave to appeal, (Book Form), Fourth application, Completed on: 2017-04-25 Elizabeth Bernard
2017-04-25 Reopen file
2017-03-06 Close file on Leave
2017-03-06 Discontinuance of the bill of costs, (Letter Form) Canada Revenue Agency
2017-02-20 Response to the bill of costs, (Letter Form), original copy rec'd Feb.23/2017, Completed on: 2017-02-20 Elizabeth Bernard
2017-02-15 Bill of costs, (Book Form), Completed on: 2017-02-15 Canada Revenue Agency
2017-02-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-02-10 Judgment on leave sent to the parties
2017-02-09 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, Number A-316-15, dated July 4, 2016, is dismissed with costs to the respondents.
Dismissed, with costs
2016-12-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2016-12-05 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-12-05 Elizabeth Bernard
2016-12-02 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-02) Professional Institute of the Public Service of Canada
2016-12-02 Notice of name, (Letter Form), (Electronic version filed on 2016-12-02) Professional Institute of the Public Service of Canada
2016-12-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-02, (Electronic version filed on 2016-12-02) Professional Institute of the Public Service of Canada
2016-11-21 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-21) Canada Revenue Agency
2016-11-21 Respondent's response on the application for leave to appeal, (Letter Form), Amended affidavid of service filed on 2016-11-22., Completed on: 2016-11-21, (Electronic version filed on 2016-11-21) Canada Revenue Agency
2016-11-18 Certificate (on limitations to public access), (Letter Form) Elizabeth Bernard
2016-11-02 Letter advising parties of an incomplete application for leave to appeal, Third application (file opened 2016-11-02)
2016-10-04 Correspondence (sent by the Court) to, Applicant, Re: letter of acknowledgment
2016-09-29 Application for leave to appeal, (Book Form), Third application., Completed on: 2016-09-29 Elizabeth Bernard
2016-09-16 Correspondence (sent by the Court) to, both parties, certificate of taxation
2016-09-15 Certificate of taxation issued to, Caroline Engmann
2016-09-15 Decision on the bill of costs, in the amount of $888.05, Reg
2016-09-15 Submission of the bill of costs, Reg
2016-06-16 Bill of costs, Completed on: 2016-06-16 Canada Revenue Agency
2016-06-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-06-10 Judgment on leave sent to the parties
2016-06-09 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Federal Court of Appeal, Number A-316-15, dated November 24, 2015 and January 7, 2016, are dismissed with costs.
Dismissed, with costs
2016-05-16 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-03-14 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-03-14, (Electronic version filed on 2016-03-14) Elizabeth Bernard
2016-03-08 Correspondence received from, (Letter Form), Ms. Bernard re: Possible conflict, (Electronic version filed on 2016-03-08) Elizabeth Bernard
2016-03-04 Book of authorities, (Book Form), (Electronic version filed on 2016-03-04) Professional Institute of the Public Service of Canada
2016-03-04 Notice of name, (Letter Form), (Electronic version filed on 2016-03-04) Professional Institute of the Public Service of Canada
2016-03-04 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-04) Professional Institute of the Public Service of Canada
2016-03-04 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-03-04, (Electronic version filed on 2016-03-04) Professional Institute of the Public Service of Canada
2016-03-03 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-03) Canada Revenue Agency
2016-03-03 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-03-03, (Electronic version filed on 2016-03-03) Canada Revenue Agency
2016-02-03 Letter advising parties of a complete application for leave to appeal, (File open Second Application)
2016-02-03 Letter advising parties of a complete application for leave to appeal, (File open First Application)
2016-01-27 Certificate (on limitations to public access), (Letter Form), (SECOND APPLICATION) Elizabeth Bernard
2016-01-27 Certificate (on limitations to public access), (Letter Form), (FIRST APPLICATION) Elizabeth Bernard
2016-01-25 Letter acknowledging receipt of an application for leave to appeal
2016-01-25 Application for leave to appeal, (Book Form), SECOND APPLICATION , Completed on: 2016-02-03 Elizabeth Bernard
2016-01-19 Letter acknowledging receipt of an application for leave to appeal
2016-01-13 Application for leave to appeal, (Book Form), (FIRST APPLICATION from the decision of 2016-01-07), Completed on: 2016-02-03 Elizabeth Bernard

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

Main parties - Appellants
Name Role Status
Bernard, Elizabeth Applicant Active

v.

Main parties - Respondents
Name Role Status
Canada Revenue Agency Respondent Active
Treasury Board Respondent Active
Professional Institute of the Public Service of Canada Respondent Active

Counsel

Party: Bernard, Elizabeth

This party is not represented by counsel.

Party: Canada Revenue Agency

Counsel
Name
Caroline Engmann
Contact information
Attorney General of Canada
L'Esplanade Laurier
140 O'Connor Street, 12th Floor
Ottawa, Ontario
K1A 0R5
Telephone: (613) 852-0514
FAX: (613) 954-5806
Email: caroline.engmann@tbs-sct.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
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

Party: Treasury Board

Counsel
Name
Caroline Engmann
Contact information
Attorney General of Canada
L'Esplanade Laurier
140 O'Connor Street, 12th Floor
Ottawa, Ontario
K1A 0R5
Telephone: (613) 852-0514
FAX: (613) 954-5806
Email: caroline.engmann@tbs-sct.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
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

Party: Professional Institute of the Public Service of Canada

Counsel
Name
Peter C. Engelmann
Contact information
Goldblatt Partners LLP
500-30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: pengelmann@goldblattpartners.com
Agent
Name
Colleen Bauman
Contact information
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Summary

Keywords

Labour relations — Bargaining unit — Applicant seeking to have Board decision reconsidered — In matters that are outside of the collective agreement, do individual employees in a unionized workplace have a right to notice of proceedings that may affect their rights and interests?

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.

Ms. Bernard applied to the Public Service Labour Relations and Employment Board to have an interim decision reconsidered: Professional Institute of the Public Service of Canada v. Treasury Board and Canada Revenue Agency, 2008 PSLRB 13.


Lower court rulings

June 29, 2015
Public Service Labour Relations Board

525-02-54, 525-34-55, 2015 PSLREB 59

Applicant’s motion for reconsideration of 2008 Board decision dismissed

November 24, 2015
Federal Court of Appeal

A-316-15, 2015 FCA 263

One respondent’s motion to strike portions of applicant’s affidavit filed in support of application for judicial review granted

January 7, 2016
Federal Court of Appeal

A-316-15

Applicant’s motion for reconsideration dismissed

April 21, 2016
Federal Court of Appeal

A-316-15

See file

July 4, 2016
Federal Court of Appeal

A-316-15

See file

February 24, 2017
Federal Court of Appeal

A-316-15, 2017 FCA 40

Applicant’s 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 613-996-8666 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

Not available

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

Not available

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

Webcasts

Not available.

Date modified: 2025-02-27