Supreme Court of Canada

Cases

SCC Case Information

Docket

28396

The Minister of Labour for Ontario v. Canadian Union of Public Employees, et al.

(Ontario) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2003-08-25 Record returned to the Registrar of the Court of Appeal
2003-05-26 Appeal closed
2003-05-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-05-16 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C32230, dated November 21, 2000, heard on October 8, 2002, is dismissed with costs, McLachlin C.J. and Major and Bastarache JJ. dissenting, but paragraphs 1, 2 and 3 of the order of the Court of Appeal are varied to read:
1. The Court declares that the Minister is required, in the exercise of his power of appointment under s. 6(5) of the Hospital Labour Disputes Arbitration Act, R.S.O. 1990, c. H.14, to be satisfied that prospective chairpersons are not only independent and impartial but possess appropriate labour relations expertise and are recognized in the labour relations community as generally acceptable to both management and labour.
2. This order speaks from the date hereof and does not invalidate completed arbitration awards.
3. Any challenges to continuing arbitrations, including those chaired by retired judges appointed by the Minister under s. 6(5) of HLDAA, are subject to judicial review on a case-by-case basis.
Dismissed, with costs
2002-10-18 Transcription received, and distributed to the Justices (108pp.)
2002-10-18 Appeal court record, (1 box)
2002-10-08 Supplemental document, (condensed book) Canadian Bar Association
2002-10-08 Acknowledgement and consent for video taping of proceedings
2002-10-08 Judgment reserved OR rendered with reasons to follow
2002-10-08 Hearing of the appeal, 2002-10-08, (V056-057), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2002-09-24 Notice of appearance, (fax copy) Canadian Bar Association
2002-09-12 Correspondence received from, Burke-Robertson dated September 9/02 together with the index to the Respondents' factum (sent to the Court Sept.
13/02)
Canadian Union of Public Employees
2002-09-09 Appeal hearing scheduled, 2002-10-08
Judgment reserved
2002-08-19 Notice of hearing The Minister of Labour for Ontario
2002-07-30 Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO CBA & NAA BY MAJOR J.)
2002-05-03 Book of authorities, Completed on: 2002-05-03 National Academy of Arbitrators (Canadian Region) (the "NAA")
2002-05-03 Intervener's factum, Completed on: 2002-05-03 National Academy of Arbitrators (Canadian Region) (the "NAA")
2002-05-03 Book of authorities, Completed on: 2002-05-03 Canadian Bar Association
2002-05-03 Intervener's factum, Completed on: 2002-05-03 Canadian Bar Association
2002-04-08 Respondent's book of authorities, Completed on: 2002-04-08 Canadian Union of Public Employees
2002-04-08 Respondent's record, Completed on: 2002-04-08 Canadian Union of Public Employees
2002-04-08 Respondent's factum, Completed on: 2002-04-08 Canadian Union of Public Employees
2002-04-08 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-03-26 Order on miscellaneous motion
2002-03-22 Decision on miscellaneous motion, accepting the appellant's factum and record as filed - without marginal numbering and headings, Reg
Granted, no order as to costs
2002-03-22 Submission of miscellaneous motion, Reg
2002-03-13 Notice of miscellaneous motion, to accept the factum and record as filed, Completed on: 2002-03-13 The Minister of Labour for Ontario
2002-02-08 Appellant's record, (no marginal line numbering and headings - motion requested), Completed on: 2002-03-13 The Minister of Labour for Ontario
2002-02-08 Appellant's book of authorities, Completed on: 2002-02-08 The Minister of Labour for Ontario
2002-02-08 Appellant's factum, (no marginal line numbering - motion requested), Completed on: 2002-03-13 The Minister of Labour for Ontario
2002-01-11 Order on motion for leave to intervene, (BY THE JUDGE)
2002-01-11 Decision on the motion for leave to intervene, Ma, by the NATIONAL ACADEMY OF ARBITRATORS (CANADIAN REGION). The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED JULY 30, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted
2002-01-11 Decision on the motion for leave to intervene, Ma, by the CANADIAN BAR ASSOCIATION. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED JULY 30, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted
2002-01-11 Submission of motion for leave to intervene, by the C.U.P.E. & S.E.I.U., Ma
2001-12-14 Response to the motion for leave to intervene, (Letter Form), from L. McIntosh dated Dec. 14, 2001 re: takes no position - re: interventions by Nat. Academy and Can. Bar, Completed on: 2001-12-14 The Minister of Labour for Ontario
2001-12-04 Motion for leave to intervene, (conditional) - book form, Completed on: 2001-12-04 Canadian Bar Association
2001-11-30 Book of authorities, re: motion to intervene, Completed on: 2001-11-30 National Academy of Arbitrators (Canadian Region) (the "NAA")
2001-11-30 Motion for leave to intervene, book form, Completed on: 2001-11-30 National Academy of Arbitrators (Canadian Region) (the "NAA")
2001-10-15 General proceeding, (consent to use the same agent as Burke-Robertson) The Minister of Labour for Ontario
2001-10-05 Notice of appeal, Completed on: 2001-10-05 The Minister of Labour for Ontario
2001-09-26 Supplemental document, (consent to use the same agent) The Minister of Labour for Ontario
2001-09-12 Correspondence (sent by the Court) to, all parties; tentative hearing date
2001-09-07 Notice of deposit of judgment issued to all parties
2001-09-06 Decision on the application for leave to appeal, G Ma Bi
Granted, without costs
2001-06-11 All materials on application for leave submitted to the Judges, G Ma Bi
2001-03-13 Letter acknowledging receipt of an incomplete application for leave to appeal
2001-02-19 Book of authorities, Completed on: 2001-02-19 Canadian Union of Public Employees
2001-02-19 Respondent's response on the application for leave to appeal, Incomplete Canadian Union of Public Employees
2001-01-22 Application for leave to appeal, Completed on: 2001-03-15 The Minister of Labour for Ontario