Case information
Consult our database for details on a Supreme Court of Canada case.
40564
Tomasz Turkiewicz, a sole proprietor c.o.b. as Tomasz Turkiewicz Custom Masonry Homes v. Bricklayers, Masons Independent Union of Canada, Local 1, 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) |
|---|---|---|
| 2023-09-20 | Close file on Leave | |
| 2023-09-20 |
Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation |
|
| 2023-09-19 | Certificate of taxation issued to, Paul J.J. Cavalluzzo | |
| 2023-09-19 | Decision on the bill of costs, in the amount of $1,104.39, Reg | |
| 2023-09-19 | Submission of the bill of costs, Reg | |
| 2023-08-09 | Bill of costs, (Letter Form), Completed on: 2023-09-18, (Printed version filed on 2023-08-09) | Bricklayers, Masons Independent Union of Canada, Local 1 |
| 2023-07-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-07-27 | Judgment on leave sent to the parties | |
| 2023-07-27 |
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 Ontario, Number C69929, 2022 ONCA 780, dated November 16, 2022, is dismissed, with costs to the respondents, Bricklayers, Masons Independent Union of Canada, Local 1, Labourers’ International Union of North America, Local 183 and Masonry Council of Unions Toronto and Vicinity. Dismissed, with costs |
|
| 2023-06-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-22 | Certificate (on limitations to public access), (Printed version filed on 2023-02-22) | Bricklayers, Masons Independent Union of Canada, Local 1 |
| 2023-02-22 | Notice of name, (Printed version filed on 2023-02-22) | Bricklayers, Masons Independent Union of Canada, Local 1 |
| 2023-02-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-02-22, (Printed version filed on 2023-02-22) | Bricklayers, Masons Independent Union of Canada, Local 1 |
| 2023-02-22 | Notice of name, (Printed version filed on 2023-02-22) | Ontario Labour Relations Board |
| 2023-02-22 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-02-22) | Ontario Labour Relations Board |
| 2023-02-22 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-02-22, (Printed version filed on 2023-02-22) | Ontario Labour Relations Board |
| 2023-01-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2023-01-23 | |
| 2023-01-16 | Certificate (on limitations to public access), (Letter Form), Certificate 23A, (Printed version filed on 2023-01-23) | Tomasz Turkiewicz, a sole proprietor c.o.b. as Tomasz Turkiewicz Custom Masonry Homes |
| 2023-01-16 |
Application for leave to appeal, (Book Form), Missing: - Signed TC judgment (Not available), Completed on: 2023-01-23, (Printed version filed on 2023-01-23) |
Tomasz Turkiewicz, a sole proprietor c.o.b. as Tomasz Turkiewicz Custom Masonry Homes |
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 |
|---|---|---|
| Tomasz Turkiewicz, a sole proprietor c.o.b. as Tomasz Turkiewicz Custom Masonry Homes | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bricklayers, Masons Independent Union of Canada, Local 1 | Respondent | Active |
| Labourers’ International Union of North America, Local 183 and Masonry Council of Unions Toronto and Vicinity | Respondent | Active |
| Ontario Labour Relations Board | Respondent | Active |
Counsel
Party: Tomasz Turkiewicz, a sole proprietor c.o.b. as Tomasz Turkiewicz Custom Masonry Homes
Counsel
2300 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 360-1689
FAX: (416) 350-5001
Email: mzt@litigationcanada.com
Party: Bricklayers, Masons Independent Union of Canada, Local 1
Counsel
Stephen Moreau
Aminah Hanif
474 Bathurst Street, Suite 300
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Party: Ontario Labour Relations Board
Counsel
Andrea Bowker
505 University Avenue - 2nd Floor
Toronto, Ontario
M5G 2P1
Telephone: (416) 326-7450
FAX: (416) 326-6392
Email: aaron.hart@ontario.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Labourers’ International Union of North America, Local 183 and Masonry Council of Unions Toronto and Vicinity
Counsel
Stephen Moreau
Aminah Hanif
474 Bathurst Street, Suite 300
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Summary
Keywords
Administrative law — Judicial review — Standard of review — Boards and tribunals — Ontario Labour Relations Board — Board making “related employers” declaration — Judicial review setting aside Board decision — Court of Appeal restoring Board decision — Application of Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653, to decisions of provincial Labour Relations Board.
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.
The respondent, Unions learned that the applicant, Mr. Turkiewicz was performing bricklaying/masonry work under the registered business name of Tomasz Turkiewicz Custom Masonry Homes (“TTCMH”). Mr. Turkiewicz was no longer a union member and did not hire union members to perform the work. The Unions filed a grievance against Brickpol (Mr. Turkiewicz’s former business) and TTCMH, alleging they had violated the Masonry Collective Agreements (“MCA”) by failing to apply its terms to the work TTCMH was performing. The Unions also filed an application with the Board seeking a declaration that Brickpol and TTCMH are related employers pursuant to s. 1(4) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A (“LRA”).
The Board proceedings took place in three stages: (1) the s. 1(4) application (the “First Decision”); (2) the first part of the grievance, which dealt with whether TTCMH was bound to the then-current version of the MCA (the “Second Decision”); and (3) the second part of the grievance, which dealt with whether TTCMH had violated the MCA and, if so, the quantum of damages TTCMH was to pay to the Unions (the “Third Decision”).
In the First Decision, the Board declared that, pursuant to s. 1(4) of the LRA, Brickpol and TTCMH are a single employer. In the Second Decision, the Board declared that TTCMH was bound by the then-current MCA. In the Third Decision, the Board found that TTCMH had violated the MCA and ordered TTCMH to pay the Unions $32,466 in damages.
The Divisional Court quashed the Board decisions. The Court of Appeal allowed the appeal, set aside the order of the Divisional Court and restored the Board decisions.
Lower court rulings
Divisional Court of Ontario
2021 ONSC 1259, DC 262/18; 601/18; 789/18
Applications allowed and three orders of the Ontario Labour Relations Board quashed and underlying applications to Board were dismissed.
Court of Appeal for Ontario
2022 ONCA 780, C69929
Appeal allowed and order of Divisional Court set aside.
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
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 613-996-8666 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
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 613-996-8666 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