Case information
Consult our database for details on a Supreme Court of Canada case.
42088
Richard Fearing v. Canada Council of Teamsters, 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) |
|---|---|---|
| 2026-06-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-12-19 |
Applicant's reply to respondent's argument, (Book Form), Missing Proof of Service (R.20(8)(d))(Rec'd 2026-01-05), Completed on: 2026-01-05 |
Richard Fearing |
| 2025-12-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-12-12) | Canada Council of Teamsters |
| 2025-12-12 | Notice of name, (Letter Form), (Printed version filed on 2025-12-12) | Canada Council of Teamsters |
| 2025-12-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-12-12, (Printed version filed on 2025-12-11) | Canada Council of Teamsters |
| 2025-11-13 |
Certificate (on limitations to public access), (Letter Form), Public Access to Information Form Missing Proof of Service |
Richard Fearing |
| 2025-11-12 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-11-07 |
Application for leave to appeal, (Book Form), Missing Public Access to Information Form (Rec'd 2025-11-13) Proof of Service (One Party) (The respondent CCT filed a response on 2025-12-11), Completed on: 2026-01-16, (Printed version filed on 2025-11-10) |
Richard Fearing |
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 |
|---|---|---|
| Fearing, Richard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada Council of Teamsters | Respondent | Active |
| GardaWorld Cash Services Canada Corporation | Respondent | Active |
Counsel
Party: Fearing, Richard
This party is not represented by counsel.
Party: Canada Council of Teamsters
Counsel
20 Queen Street West
Suite 900, Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 542-6284
FAX: (416) 204-4925
Email: kferreira@kmlaw.ca
Party: GardaWorld Cash Services Canada Corporation
Counsel
Scotia Plaza
40 King Street West, Suite 1900
Toronto, Ontario
M5H 3Y2
Telephone: (647) 256-4520
FAX: (647) 255-5369
Email: ggriffiths@littler.com
Summary
Keywords
Labour relations – Arbitration – Duty of fair representation – Union declining to submit grievances to arbitration – Whether duty of fair representation breached by union – Whether guidance is required when reviewing courts deny remedies for procedural fairness violations – Whether guidance is required on the approach to reasonable apprehension of bias and the approach to excluding evidence.
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.
Mr. Fearing is a union member of the Canada Council of Teamsters (union). Mr. Fearing worked for GardaWorld Cash Services Canada Corporation from May 2019 to the end of July 2020, when he was terminated by the employer. The union representing Mr. Fearing filed grievances on his behalf including a grievance challenging the termination. The union ultimately exercised its discretion not to refer the grievances to arbitration. Mr. Fearing advanced a duty of fair representation complaint after the union declined to advance some of his grievances to arbitration. The Canada Industrial Relations Board dismissed the duty of fair representation complaint. Reconsideration of that decision was dismissed. The Federal Court of Appeal dismissed the application for judicial review.
Lower court rulings
Canada Industrial Relations Board
033939-C, 2021 CIRB LD 4551
Duty of fair representation complaint dismissed
Canada Industrial Relations Board
035022-C, 2021 CIRB LD 4615
Reconsideration of Canada Industrial Relations Board’s decision dismissed
Application for judicial review dismissed with costs
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