Case information
Consult our database for details on a Supreme Court of Canada case.
40748
Corinne Pereira v. British Columbia Labour Relations Board, 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) |
|---|---|---|
| 2025-01-31 | Close file on Leave | |
| 2025-01-31 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-01-30 | Certificate of taxation issued to, Dean A. Crawford, K.C. | |
| 2025-01-30 | Decision on the bill of costs, in the amount of $827.00, Reg | |
| 2025-01-30 | Submission of the bill of costs, Reg | |
| 2024-09-06 | Reconsideration not accepted for filing, Letter by the Registrar sent by email | |
| 2024-07-29 | Correspondence received from | Corinne Pereira |
| 2024-07-29 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2024-06-18 |
Bill of costs, UNDER REVIEW Missing: Proof of service, Completed on: 2024-10-28 |
Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership |
| 2023-12-27 |
Motion for reconsideration of the application for leave to appeal, (Book Form), Missing: - Sworn affidavit - Filing fee, Completed on: 2024-09-05 |
Corinne Pereira |
| 2023-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-21 | Judgment on leave sent to the parties | |
| 2023-12-21 |
Judgment of the Court on the application for leave to appeal, JUDGMENT The motion to join two files from the Court of Appeal for British Columbia in a single application for leave to appeal is granted. The motion to adduce fresh evidence is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA48412 and CA48687, 2023 BCCA 165, dated April 19, 2023, is dismissed with costs to the respondent, Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership. Dismissed, with costs |
|
| 2023-12-21 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2023-12-21 |
Decision on motion to adduce new evidence, See decision on application Dismissed |
|
| 2023-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-14 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2023-11-14 | Submission of miscellaneous motion, for consideration by the Court | |
| 2023-11-02 |
Motion to adduce new evidence, (Book Form), Missing: POS (Rec'd 2023-11-09) Filing Fee (Rec'd 2023-11-02), Completed on: 2023-11-15 |
Corinne Pereira |
| 2023-09-26 |
Correspondence received from, - Application be submitted to the Judges for consideration asap. - POS missing |
Corinne Pereira |
| 2023-08-29 | Correspondence received from, (Letter Form), Decision issued on July 4, 2023 directly related to my application | Corinne Pereira |
| 2023-08-28 | Certificate (on limitations to public access), Form 23A | Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership |
| 2023-08-28 | Notice of name | Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership |
| 2023-08-24 |
Correspondence received from, (Letter Form), Joint with 40631 and 40820 Request to have all 3 files submitted together. |
Corinne Pereira |
| 2023-08-23 | Applicant's reply to respondent's argument, (Book Form), Amended reply rec'd 2023-08-24, Completed on: 2023-08-25, (Printed version filed on 2023-09-05) | Corinne Pereira |
| 2023-08-17 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: 23A (rec'd 2023-08-28) Notice of Name (rec'd 2023-08-28), Completed on: 2023-08-28, (Printed version filed on 2023-08-18) |
Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership |
| 2023-07-21 | Order on motion to add or substitute parties, by CHANTAL CARBONNEAU | |
| 2023-07-21 |
Decision on motion to add or substitute parties, Reg, UPON APPLICATION by the Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership, for an order to be added as a respondent in the above appeal, pursuant to Rules 18 and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted with costs. Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership is hereby added as a respondent in the proceedings before this Court pursuant to Rule 18(1) of the Rules of the Supreme Court of Canada and the style of cause shall be modified to reflect this change. Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership shall serve and file its response to the application for leave to appeal within thirty (30) days from the date of this order. Granted, with costs |
|
| 2023-07-21 | Submission of motion to add or substitute parties, Reg | |
| 2023-06-26 |
Response to motion to add or substitute parties, Missing: -Proof of service (rec'd 2023-06-27), Completed on: 2023-06-28, (Printed version filed on 2023-08-15) |
Corinne Pereira |
| 2023-06-16 |
Motion to add or substitute parties, (Book Form), Missing: -Proof of service (rec'd 2023-06-21) , Completed on: 2023-06-22, (Printed version filed on 2023-06-20) |
Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership |
| 2023-06-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-06-12, (Electronic version filed on 2023-06-20) | Corinne Pereira |
| 2023-06-06 | Correspondence received from, Respondent will not be filing response | British Columbia Labour Relations Board |
| 2023-05-31 | Notice of miscellaneous motion, (Book Form), Motion to join to the two appeals from the lower court, Completed on: 2023-06-01, (Electronic version filed on 2023-06-13) | Corinne Pereira |
| 2023-05-26 | Certificate (on limitations to public access), Public Access Form | Corinne Pereira |
| 2023-05-24 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-05-24 | |
| 2023-04-20 |
Application for leave to appeal, (Book Form), Required: - Motion to join 2 matters under one LTA (Rec'd 2023-05-31) - Public Access Form (Rec'd - 2023-05-26) - CA Order (Rec'd 2023-06-15) (Court Order Form rec'd - 2023-05-26) Estimate as to when court order will be filed - 2023-07-04 (rec'd 2023-06-26) - Filing Fee, Completed on: 2023-06-15, (Printed version filed on 2023-05-15) |
Corinne Pereira |
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 |
|---|---|---|
| Pereira, Corinne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia Labour Relations Board | Respondent | Active |
| Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership | Respondent | Active |
Counsel
Party: Pereira, Corinne
This party is not represented by counsel.
Party: British Columbia Labour Relations Board
Counsel
Suite 600 - Oceanic Plaza
1066 West Hastings Street
Vancouver, British Columbia
V6E 3X1
Telephone: (604) 660-1300
FAX: (604) 660-1892
Email: jennifer.orourke@lrb.bc.ca
Party: Horizon North Camp & Catering Inc., Managing Partner of Horizon North Camp & Catering Partnership
Counsel
Lianna Chang
Vancouver, British Columbia
V7X 1M3
Email: dcrawford@pcmlawyers.ca
Summary
Keywords
Administrative law — Judicial review — Procedural unfairness — Patent unreasonableness —Whether Court of Appeal erred in holding that decisions of a tribunal were not patently unreasonable or procedurally unfair
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 applicant was disciplined, then terminated by her employer. She was a member of a union, UNITE HERE Local 40 (the “Union”). The Union grieved her discipline and termination on her behalf, and later settled those grievances. The applicant was not satisfied with the settlements and complained to the British Columbia Labour Relations Board (the “LRB”) that the Union failed to fairly represent her in relation to the grievances.
The LRB found no apparent breach of the duty of fair representation. In both grievances, the Union’s failure to adopt the applicant’s preferred approach did not amount to a breach. There was no factual basis to find that the Union’s decisions were motivated by bad faith, discrimination, or arbitrariness. A panel of the LRB declined to reconsider the decisions of the individual member. The Supreme Court held that there was no procedural unfairness or patent unreasonableness in the decisions of the LRB and dismissed the judicial review application. The Court of Appeal agreed and dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
2022 BCSC 1205, 21180, 21167
Application for judicial review dismissed.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 165, CA48412; CA48687
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 613-996-8666 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
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