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42026

Gate Gourmet Canada Inc. v. Unite Here, Local 40, 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2026-05-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-11-10 Applicant's reply to respondent's argument, (Letter Form), Applicant’s reply to the response of Unite Here, Local 40, Completed on: 2026-05-12, (Printed version due on 2025-11-18) Gate Gourmet Canada Inc.
2025-10-29 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-11-05) Unite Here, Local 40
2025-10-29 Notice of name, (Letter Form), (Printed version due on 2025-11-05) Unite Here, Local 40
2025-10-29 Respondent's response on the application for leave to appeal, (Book Form), Missing:
-Proof of service (Received 2025-10-29), Completed on: 2025-10-30, (Printed version filed on 2025-10-30)
Unite Here, Local 40
2025-10-24 Notice of name, (Letter Form), (Printed version filed on 2025-10-28) British Columbia Labour Relations Board
2025-10-24 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-10-28) British Columbia Labour Relations Board
2025-10-24 Respondent's response on the application for leave to appeal, (Book Form), Missing:
-Proof of service (Received 2025-10-27), Completed on: 2025-10-28, (Printed version filed on 2025-10-28)
British Columbia Labour Relations Board
2025-10-07 Lower court order - e-filing, (Letter Form), Finalized CA Order

CA50127, (Printed version filed on 2025-10-08)
Gate Gourmet Canada Inc.
2025-10-01 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED;
2025-09-29 Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-10-01) Gate Gourmet Canada Inc.
2025-09-29 Notice of name, (Letter Form), (Printed version filed on 2025-10-01) Gate Gourmet Canada Inc.
2025-09-29 Application for leave to appeal, (Book Form), Completed on: 2025-10-01, (Printed version filed on 2025-10-01) Gate Gourmet Canada Inc.

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
Gate Gourmet Canada Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Unite Here, Local 40 Respondent Active
British Columbia Labour Relations Board Respondent Active

Counsel

Party: Gate Gourmet Canada Inc.

Counsel
Names
Gavin Cameron
Julia Kindrachuk
Contact information
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-4756
FAX: (604) 631-3232
Email: gcameron@fasken.com
Agent
Name
Sophie Arseneault
Contact information
Fasken Martineau Dumoulin s.e.n.c.r.l., s.r.l.
55, rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Unite Here, Local 40

Counsel
Name
Susanna Allevato Quail
Contact information
Allevato Quail & Associates
1943 East Hastings Street
Vancouver, British Columbia
V5L 1T5
Telephone: (604) 605-1402
Email: saquail@aqrlaw.ca

Party: British Columbia Labour Relations Board

Counsel
Name
Jennifer O'Rourke
Contact information
British Columbia Labour Relations Board
Suite 600 - Oceanic Plaza
1066 West Hastings Street
Vancouver, British Columbia
V6E 3X1
Telephone: (604) 623-6570
FAX: (604) 660-1892
Email: jennifer.orourke@lrb.bc.ca

Summary

Keywords

None.

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.

None.

Lower court rulings

August 22, 2024
Supreme Court of British Columbia

2024 BCSC 1528

See file;

July 14, 2025
Court of Appeal for British Columbia (Vancouver)

2025 BCCA 246

See file;

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

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Date modified: 2026-05-13