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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.


41951

GCT Canada Limited Partnership v. International Longshore and Warehouse Union Ship and Dock Foremen, Local 514

(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)
2026-02-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2026-02-12 Judgment on leave sent to the parties
2026-02-12 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-150-23, 2025 FCA 100, dated May 22, 2025, is granted with costs in the cause.
Granted, with costs in the cause
2026-01-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-10-02 Applicant's reply to respondent's argument, (Book Form), Missing:

-Proof of service (Received 2025-10-03) , Completed on: 2025-10-06, (Printed version filed on 2025-10-03)
GCT Canada Limited Partnership
2025-09-22 Notice of name, (Book Form), (Printed version filed on 2025-09-25) International Longshore and Warehouse Union Ship and Dock Foremen, Local 514
2025-09-22 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-09-25) International Longshore and Warehouse Union Ship and Dock Foremen, Local 514
2025-09-22 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-09-25, (Printed version filed on 2025-09-25) International Longshore and Warehouse Union Ship and Dock Foremen, Local 514
2025-08-22 Letter acknowledging receipt of a complete application for leave to appeal, File opened
2025-08-21 Notice of name, (Printed version filed on 2025-08-25) GCT Canada Limited Partnership
2025-08-21 Certificate (on limitations to public access), 23A, (Printed version filed on 2025-08-25) GCT Canada Limited Partnership
2025-08-21 Application for leave to appeal, (Book Form), Completed on: 2025-08-26, (Printed version filed on 2025-08-25) GCT Canada Limited Partnership

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
GCT Canada Limited Partnership Appellant Active

v.

Main parties - Respondents
Name Role Status
International Longshore and Warehouse Union Ship and Dock Foremen, Local 514 Respondent Active

Counsel

Party: GCT Canada Limited Partnership

Counsel
Names
David Penner
Lauren McClanaghan
Contact information
Harris & Company LLP
1400-550 Burrad Street
Vancouver, British Columbia
V6C 2B5
Telephone: (236) 259-1152
Email: dpenner@harrisco.com
Agent
Name
Dahlia Shuhaibar
Contact information
Olthuis Van Ert
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com

Party: International Longshore and Warehouse Union Ship and Dock Foremen, Local 514

Counsel
Name
Shirin Kiamanesh
Contact information
Koskie Glavin Gordon
1650 – 409 Granville Street
Vancouver, British Columbia
V6C 1T2
Telephone: (604) 734-8001
Email: skiamanesh@koskieglavin.com
Agent
Name
Michael J. Sobkin
Contact information
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Summary

Keywords

Labour relations — Health and safety — When and to what extent do duties imposed under Canada Labour Code to inspect for employee health and safety apply to areas of work place not controlled by employer — How must administrative tribunals apply principle of vertical stare decisis in statutory interpretation — Canada Labour Code, R.S.C. 1985, c L-2, s. 135(1), (7), 135.1 (1)

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.

GCT Canada Limited Partnership provides stevedoring services at terminals in British Columbia. All vessels at its Vanterm terminal are inspected by a superintendent and vessel planner upon docking. Any repair or correction found on inspection that may be required to safely load or unload cargo are effected by the vessel’s crew under direction of the vessel’s chief officer. Vessels also are inspected semi-annually. A ministerial delegate found that GCT Canada Limited Partnership is violating an obligation to ensure participation of its health and safety committee in inspections of all vessels. The Canada Industrial Relations Board upheld the decision. The Federal Court of Appeal dismissed an appeal.

Lower court rulings

May 10, 2023
Canada Industrial Relations Board

2023 CIRB 1068

Decision upholding ministerial delegate’s finding that GCT Canada Limited Partnership violated obligation under Canada Labour Code by not including health and safety committee in inspections of vessels at cargo terminal

May 22, 2025
Federal Court of Appeal

2025 FCA 100

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 613‑996‑7933 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

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

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

Webcasts

Not available.

Date modified: 2026-02-13