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16464

Ontario Public Service Employees' Union, et al. v. Attorney General for Ontario

(Ontario) (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)
1991-04-11 Record returned to the Registrar of the Court of Appeal, (Toronto,ON)
1988-01-05 Copy of formal judgment being prepared, Mr. S.T. Goudge (Toronto,ON)
1988-01-05 Copy of formal judgment being prepared, Mr. B. Wright (Toronto,ON)
1987-12-23 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1987-12-23 General proceeding, to note records returned to Mr. W.F. Shaughnessy (Toronto,ON)
1987-07-29 Judgment on the appeal rendered, CJ B McI C La LeD LaF
Dismissed, no order as to costs
1986-03-18 Hearing of the appeal, 1986-03-18, (Appeal heard March 18th & 19th), CJ B McI C La LeD LaF
Decision reserved
1986-03-17 Book of authorities, 10 copies, vol 5 Ontario Public Service Employees' Union
1986-03-17 Intervener's factum, 21 copies, with service Attorney General of Quebec
1986-03-13 Intervener's factum, 19 copies, with service Attorney General of Saskatchewan
1986-03-13 Intervener's factum, 21 copies, with service Attorney General of Alberta
1986-03-13 Intervener's factum, 21 copies, with service Attorney General of Canada
1986-03-12 Intervener's factum, 21 copies, with service Attorney General of British Columbia
1986-03-12 Intervener's factum, (served copy), with service Attorney General of New Brunswick
1986-03-11 Book of authorities, 9 copies joint authorities, vols. 1 & 2 Ontario Public Service Employees' Union
1986-03-11 Intervener's factum, 21 copies, with service Attorney General of Nova Scotia
1986-03-10 Intervener's factum, 19 copies Attorney General of New Brunswick
1986-03-10 Book of authorities, 10 copies joint authorities (A01 & R01) vol. 3 & 4 Ontario Public Service Employees' Union
1986-02-19 Respondent's factum, 21 copies, with service Attorney General for Ontario
1986-01-25 Appeal hearing scheduled, 1986-03-18
Decision reserved
1986-01-09 Appellant's factum, (served copy of supp. factum), with service Ontario Public Service Employees' Union
1986-01-07 Appellant's factum, 22 copies supp. factum Ontario Public Service Employees' Union
1985-08-27 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1985-08-16 Notice of intervention respecting a constitutional question Attorney General of Nova Scotia
1985-08-14 Notice of intervention respecting a constitutional question Attorney General of Quebec
1985-08-02 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1985-08-01 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1985-07-30 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1985-07-16 Motion to state a constitutional question, With service Ontario Public Service Employees' Union
1985-07-12 Order on miscellaneous motion
1985-07-09 Decision on miscellaneous motion, (For Constitutional Question see file or Reg's Red Bk. # 6 @ p. 35. Interventions by Aug 14, '85), CJ
Granted, no order as to costs
1985-07-09 Hearing of miscellaneous motion, 1985-07-09, (For Constitutional Question see file or Reg's Red Bk. # 6 @ p. 35. Interventions by Aug 14, '85), CJ
1985-07-09 Submission of miscellaneous motion, 1985-07-09, (For Constitutional Question see file or Reg's Red Bk. # 6 @ p. 35. Interventions by Aug 14, '85), CJ
1985-07-03 Affidavit Ontario Public Service Employees' Union
1985-07-03 Notice of miscellaneous motion Ontario Public Service Employees' Union
1985-02-27 Order on motion to file a lengthy factum
1985-02-25 Decision on motion to file a lengthy factum, McI
Granted, no order as to costs
1985-02-25 Hearing of motion to file a lengthy factum, 1985-02-25, McI
1985-02-25 Submission of motion to file a lengthy factum, 1985-02-25, McI
1985-02-25 Response to the motion to file a lengthy factum Attorney General for Ontario
1985-02-25 Affidavit Ontario Public Service Employees' Union
1985-02-25 Motion to file a lengthy factum Ontario Public Service Employees' Union
1984-11-28 Notice of withdrawal Attorney General of Manitoba
1984-10-02 Notice of hearing, With service Ontario Public Service Employees' Union
1984-09-27 Appeal court record
1984-09-13 Certified casebook Ontario Public Service Employees' Union
1984-09-12 Appeal perfected for hearing, Session beginning on 1985-01-21
1984-08-28 Book of authorities, 10 copies Ontario Public Service Employees' Union
1984-08-17 Appellant's factum, 21 copies Ontario Public Service Employees' Union
1984-07-24 Case on appeal, 20 copies Ontario Public Service Employees' Union
1984-06-28 Agreement as to contents of case Attorney General for Ontario
1982-07-26 Order on motion for leave to intervene
1982-07-14 Decision on the motion for leave to intervene, McI
Granted, no order as to costs
1982-07-14 Hearing of motion for leave to intervene, 1982-07-14, McI
1982-07-14 Submission of motion for leave to intervene, 1982-07-14, McI
1982-07-14 Response to the motion for leave to intervene Attorney General for Ontario
1982-07-14 Response to the motion for leave to intervene Ontario Public Service Employees' Union
1982-07-14 Motion for leave to intervene Attorney General of Canada
1982-05-28 Order on motion for leave to intervene
1982-05-28 Order on motion for leave to intervene
1982-05-28 Order on motion for leave to intervene
1982-05-28 Order on motion for leave to intervene
1982-05-28 Order on motion for leave to intervene
1982-05-27 Decision on the motion for leave to intervene, E
Granted, no order as to costs
1982-05-27 Hearing of motion for leave to intervene, 1982-05-27, E
1982-05-27 Submission of motion for leave to intervene, 1982-05-27, E
1982-05-25 Motion for leave to intervene, With service Attorney General of Alberta
1982-05-18 Decision on the motion for leave to intervene, (Leave to intervene, to file a factum and to be represented by counsel granted to the Attorney Generals' of Nova Scotia, Quebec, New Brunswick, Saskatchewan and Manitoba), R
Granted, no order as to costs
1982-05-18 Hearing of motion for leave to intervene, 1982-05-18, (Leave to intervene, to file a factum and to be represented by counsel granted to the Attorney Generals' of Nova Scotia, Quebec, New Brunswick, Saskatchewan and Manitoba), R
1982-05-18 Submission of motion for leave to intervene, 1982-05-18, (Leave to intervene, to file a factum and to be represented by counsel granted to the Attorney Generals' of Nova Scotia, Quebec, New Brunswick, Saskatchewan and Manitoba), R
1982-05-18 Motion for leave to intervene Attorney General of Saskatchewan
1982-05-17 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1982-05-17 Motion for leave to intervene, With service Attorney General of New Brunswick
1982-05-11 Motion for leave to intervene Attorney General of Nova Scotia
1982-05-11 Motion for leave to intervene Attorney General of Quebec
1982-04-30 Order on motion to state a constitutional question
1982-04-20 Decision on the motion to state a constitutional question, (Interventions by May 18/82 @ 10:00. For Constitutional Question see Reg's Red Bk. # 5 @ p. 31), CJ
Granted, no order as to costs
1982-04-20 Hearing of the motion to state a constitutional question, 1982-04-20, (Interventions by May 18/82 @ 10:00. For Constitutional Question see Reg's Red Bk. # 5 @ p. 31), CJ
1982-04-20 Submission of motion to state a constitutional question, 1982-04-20, (Interventions by May 18/82 @ 10:00. For Constitutional Question see Reg's Red Bk. # 5 @ p. 31), CJ
1982-03-31 General proceeding, to note motion to state a Constitutional Question re-scheduled for April 20th @ 9:45 a.m.
1982-03-26 Motion to state a constitutional question, With service Ontario Public Service Employees' Union
1982-03-02 Discontinuance of motion to dismiss the appeal for want of prosecution Attorney General for Ontario
1982-03-01 Affidavit, With service Attorney General for Ontario
1982-03-01 Motion to dismiss the appeal for want of prosecution, With service Attorney General for Ontario
1981-04-28 Order granting leave to appeal
1981-04-03 $30.00 filing fee, receipt # 3060 Ontario Public Service Employees' Union
1981-04-03 Notice of appeal, With service Ontario Public Service Employees' Union
1981-04-02 Notice of deposit of security, With service
1981-04-01 $500 security deposit paid, receipt # 1216 Ontario Public Service Employees' Union
1981-03-02 Judgment of the Court on the application for leave to appeal, CJ E C
Granted, no order as to costs
1981-03-02 Hearing of the application for leave to appeal, 1981-03-02, CJ E C
1981-03-02 All materials on application for leave submitted to the Judges, 1981-03-02, CJ E C
1981-02-23 Application for leave to appeal, 5 copies, with service, Completed on: 1981-02-23 Ontario Public Service Employees' Union

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
Ontario Public Service Employees' Union Applicant Active
Wilkinson, Marie Applicant Active
Faulkner, Edward E. Applicant Active
Smith, Russell B. Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General for Ontario Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Nova Scotia Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of Canada Intervener Active
Attorney General of British Columbia Intervener Active

Counsel

Party: Ontario Public Service Employees' Union

Counsel
Names
Stephen T. Goudge, Q.C.
Dan McGilp
Contact information
Gowling Lafleur Henderson
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Name
David Aylen
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Wilkinson, Marie

Counsel
Name
Stephen T. Goudge, Q.C.
Contact information
Gowling Lafleur Henderson
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Name
David Aylen
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Faulkner, Edward E.

Counsel
Name
Stephen T. Goudge, Q.C.
Contact information
Gowling Lafleur Henderson
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Name
David Aylen
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Smith, Russell B.

Counsel
Name
Stephen T. Goudge, Q.C.
Contact information
Gowling Lafleur Henderson
4900 COMMERCE COURT W
PO BOX 438 STN COMMERCE COURT
TORONTO, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Name
David Aylen
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Attorney General for Ontario

Counsel
Names
Blenus Wright, Q.C.
Carol Creighton
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Réal A. Forest
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of New Brunswick

Counsel
Name
Richard C. Speight
Contact information
Attorney General of New Brunswick
444 CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2330
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Manitoba

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Saskatchewan

Counsel
Names
James P. Taylor, Q.C.
Robert G. Richards
Contact information
Attorney General for Saskatchewan
1700 - 1030 GEORGIA ST W
PO BOX 7129
REGINA, Saskatchewan
S4P 3V7
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Nova Scotia

Agent
Name
Stephen J. Grace
Contact information
Neville, Hall & Selkirk
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156

Party: Attorney General of Alberta

Counsel
Names
Paul Bourque, Q.C.
William Henkel, Q.C.
Contact information
Attorney General of Alberta
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 427-5032
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Names
Roger Tassé, c.r.
Graham R. Garton
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 996-1693

Party: Attorney General of British Columbia

Counsel
Names
Joseph J. Arvay, Q.C.
Joseph J. Arvay
Contact information
Attorney General of British Columbia
310 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@pacificcoast.net
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

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

December 5, 1980
Court of Appeal for Ontario

502

Appeal dismissed

April 18, 1989
Supreme Court of Ontario

Not available

Application 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

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Date modified: 2025-05-13