Case information
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42070
Marian Javor v. Canada Post Corporation, et al.
(Federal) (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) |
|---|---|---|
| 2026-07-13 | Close file on Leave | |
| 2026-07-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-07-09 | Judgment on leave sent to the parties | |
| 2026-07-09 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the applicant’s reply is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-417-24, dated August 1, 2025, is dismissed. Dismissed |
|
| 2026-07-09 |
Decision on motion to extend time, See decision on application Granted |
|
| 2026-06-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-06-01 | Submission of motion to extend time, for consideration by the Court | |
| 2026-02-10 | Notice of name, (Letter Form), (Printed version filed on 2026-02-13) | Canadian Union of Postal Workers |
| 2025-12-16 | Motion to extend time, (Book Form), to file a response to Canada Post Corporation, Completed on: 2025-12-17 | Marian Javor |
| 2025-12-11 | Notice of name, (Letter Form), (Printed version due on 2025-12-18) | Canada Post Corporation |
| 2025-12-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-02-13) | Canadian Union of Postal Workers |
| 2025-12-02 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A (Rec 12-04-2025) - Proof of service (Rec 12-04-2025) - Notice of name (Rec 02-10-2026), Completed on: 2026-02-16, (Printed version filed on 2026-02-13) |
Canadian Union of Postal Workers |
| 2025-11-27 |
Applicant's reply to respondent's argument, (Letter Form), Missing: - Proof of service (Rec 12-16-2025) - Motion for an extension of time (Rec 12-16-2025), Completed on: 2025-12-17 |
Marian Javor |
| 2025-11-21 | Certificate (on limitations to public access), (Letter Form), Public acess to information form | Marian Javor |
| 2025-11-03 | Certificate (on limitations to public access), (Letter Form), 23A | Canada Post Corporation |
| 2025-11-03 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2025-10-29 |
Respondent's response on the application for leave to appeal, (Letter Form), Amended version with SCC file number received on 11-18-2025 Missing: - Proof of service (Rec 11-18-2025) - 23A (Rec 11-03-2025) - Notice of name (Rec 12-11-2025), Completed on: 2025-12-17, (Printed version filed on 2025-12-16) |
Canada Post Corporation |
| 2025-10-01 |
Application for leave to appeal, (Book Form), Missing: - Public access to information form (Rec 11-21-2025) - Proof of service (Rec 11-21-2025), Completed on: 2025-11-21 |
Marian Javor |
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 |
|---|---|---|
| Javor, Marian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada Post Corporation | Respondent | Active |
| Canadian Union of Postal Workers | Respondent | Active |
Counsel
Party: Javor, Marian
This party is not represented by counsel.
Party: Canada Post Corporation
Counsel
222 Bay Street
Suite 3000
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-3930
Email: brian.wood@nortonrosefulbright.com
Party: Canadian Union of Postal Workers
Counsel
474 Bathurst Street, Suite 300
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
Email: cperri@cavalluzzo.com
Summary
Keywords
Administrative law — Judicial review — Federal Court of Appeal removing notice of application for judicial review from court file — Whether Federal Court of Appeal erred in its application of Rule 74 of the Federal Courts Rules, S.O.R./98-106
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, Marian Javor, had been a unionized employee of the respondent Canada Post Corporation. He was a member of a bargaining unit represented by the respondent Canadian Union of Postal Workers (“CUPW”). In 2022, Mr. Javor filed complaints with the Canada Industrial Relations Board (“CIRB”) in which he alleged that the CUPW had breached its duty of fair representation.
The CIRB determined that the CUPW had acted arbitrarily and to have breached its duty of fair representation in respect of two issues. It also determined that CUPW did not breach its duty in respect of two other issues. The Federal Court of Appeal concluded that Mr. Javor’s application for judicial review bore no possibility of success; it applied Rule 74 of the Federal Courts Rules, S.O.R./98-106 and removed Mr. Javor’s notice of application from the court file.
Lower court rulings
Canada Industrial Relations Board
035560-C, 035992-C
Canadian Union of Postal Workers (CUPW) determined to have acted arbitrarily and to have breached its duty of fair representation in respect of two issues. CUPW determined not to have breached its duty in respect of two other issues.
Federal Court of Appeal
A-417-24
Notice of application for judicial review removed from the court file under Rule 74 of the Federal Courts Rules, S.O.R./98-106.
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