Case information
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38072
Qingrong Qiu, et al. v. Tim Hortons Inc., et al.
(Ontario) (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) |
|---|---|---|
| 2019-03-26 | Close file on Leave | |
| 2019-03-26 | Correspondence received from, (Letter Form), the respondent, Tim Hortons. Will not be filing a notice of taxation and bill of costs. | Tim Hortons Inc. |
| 2018-12-19 | Correspondence received from, (Letter Form), the applicants. Response to a cost submission received by the respondent, Tim Hortons. | Dongmei Ye |
| 2018-11-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-11-02 | Judgment on leave sent to the parties | |
| 2018-11-01 |
Judgment of the Court on the application for leave to appeal, The time to serve and file the reply is extended pursuant to Rule 6 of the Rules of the Supreme Court of Canada. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M48451, dated January 12, 2018, is dismissed with costs to the respondent, Tim Hortons Inc. Dismissed, with costs |
|
| 2018-10-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-05 | Applicant's reply to respondent's argument, (Letter Form), proof of service missing - consent by all parties by phone for late filling of the reply and confirmed that they ha received it., Completed on: 2018-10-02 | Qingrong Qiu |
| 2018-06-05 | Certificate (on limitations to public access), (Letter Form) | Qingrong Qiu |
| 2018-05-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-05-17 | Tim Hortons Inc. |
| 2018-04-26 | Letter advising parties of an incomplete application for leave to appeal, (FILE OPENED 2018-04-26) | |
| 2018-03-23 | Letter acknowledging receipt of an application for leave to appeal | |
| 2018-03-13 | Application for leave to appeal, (Book Form), Public access to information form missing. (rc'd on 2018-06-05)., Completed on: 2018-10-02 | Qingrong Qiu |
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 |
|---|---|---|
| Qiu, Qingrong | Applicant | Active |
| Ye, Dongmei | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tim Hortons Inc. | Respondent | Active |
| Ontario Labour Relations Board | Respondent | Active |
| Director of Employment Standards Ontario | Respondent | Active |
Counsel
Party: Qiu, Qingrong
This party is not represented by counsel.
Party: Ye, Dongmei
This party is not represented by counsel.
Party: Tim Hortons Inc.
Counsel
1505-330 Bay St.
Toronto, Ontario
M5H 2S8
Telephone: (416) 646-5169
FAX: (416) 583-5722
Email: jheeney@heeneyvokey.com
Party: Ontario Labour Relations Board
Counsel
505 University Avenue, 2nd Floor
Toronto, Ontario
M5G 2P1
Telephone: (416) 326-7500
FAX: (416) 326-7531
Party: Director of Employment Standards Ontario
Counsel
Legal Services
11th Floor - 400 University Ave.
Toronto, Ontario
M7A 1T7
Telephone: (416) 326-7979
FAX: (416) 326-7985
Email: katherine.ballweg@ontario.ca
Summary
Keywords
Employment law – Civil Procedure – Appeals – Rule of law, procedural fairness, constitutional rights, judicial review, status identity, interpreter, and representative assistance – Whether there was a miscarriage of justice – Whether the judge erred and whether there was a reasonable apprehension of bias – Whether costs were properly ordered.
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.
This proceeding arose out of an employment relationship between the applicant, Mr. Qiu, and his former employer, Tim Hortons Inc. The applicant brought a motion before Nordheimer J. requesting certain relief in relation to a judicial review application brought by the applicant from a decision of the Ontario Labour Relations Board.
Nordheimer J., in dismissing the motion, found that none of the issues raised by the applicant had any merit. In particular, with respect to the payroll records, Nordheimer J. accepted Tim Horton’s Inc. and the Ontario Labour Relations Board’s submission that all of the relevant material had been produced. The Divisional Court dismissed the application for judicial review on the basis that Nordheimer J. did not err and furthermore, that there was no evidence to support the applicant’s allegation of a denial of procedural fairness and bias. The Court of Appeal dismissed the motion for leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
669/15, 2017 ONSC 1281
Applicant’s motion dismissed with costs fixed at $3,500
Court of Appeal for Ontario
M48451
Motion for leave to appeal dismissed with costs fixed at $500
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