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20802

Central Western Railway Corporation v. United Transportation Union, et al.

(Federal) (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)
1991-07-17 Fee on taxation $30.00, receipt #22942 Central Western Railway Corporation
1991-07-05 Certificate of taxation issued to, McCarthy Tétrault
1991-06-28 Decision on the bill of costs, at $17,029.03, with service
1991-03-08 Record returned to the Registrar of the Court of Appeal, F.C.A. (Ottawa,ON)
1991-01-18 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-01-18 Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Soloway, Wright, Housotn (Ottawa,ON)
1991-01-18 Copy of formal judgment being prepared, Veronique L. Marleau C/O Canada Labour Relations Board (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Ms. Veronique L. Marleau, C/O Canada Labour Relations Board (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-12-20 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa,ON)
1990-12-20 Correspondence (sent by the Court) to, de C. Alain envoyé à L'honorable juge Louis Marceau (Ottawa,ON) un exemplaire gratuit des motifs de jugement.
1990-12-20 Correspondence (sent by the Court) to, de C. Alain envoyé à L'honorable juge Bertrand Lacombe (Ottawa,ON) un examplaire gratuit des motifs de jugement.
1990-12-20 Correspondence (sent by the Court) to, from C. Alain sent to His Honour James K. Hugessen (Ottawa,ON) enclosing complimentary copy of the reasons for judgment.
1990-12-20 Judgment on the appeal rendered, CJ CJ W LaF L'HD So G Co McL, The appeal is allowed with costs to the appellant, Wilson J. dissenting.
Allowed, costs against the respondent
1990-05-14 General proceeding, transcripts received and distributed to the justices (63 pages)
1990-04-30 Appeal hearing
1990-04-30 Hearing of the appeal, 1990-04-30, CJ CJ W LaF L'HD So G Co McL
Decision reserved
1990-04-27 Correspondence (sent by the Court) to, re: does not intend to make oral submissions
1990-04-25 Service, of Intervener's factum
1990-04-25 General proceeding, 10 copies of statutes (Bill C-5) with letter from Gerald D. Chipeur Central Western Railway Corporation
1990-04-23 Intervener's factum, 21 copies Attorney General of Quebec
1990-04-23 Respondent's factum, 21 copies, with service Brotherhood of Locomotive Engineers
1990-04-20 Appeal removed from the list
1990-04-19 Notice of withdrawal, (letter form) Attorney General of Canada
1990-04-17 Book of authorities, 10 copies of vols 1 to 4 Central Western Railway Corporation
1990-03-19 Intervener's factum, 21 copies, with service Attorney General of Alberta
1990-03-14 Order on miscellaneous motion, for an order to postpone the hearing of the appeal
1990-03-14 Decision on miscellaneous motion, for an order postponing the hearing of this appeal to April/30/90,, La
Granted, no order as to costs
1990-03-14 Hearing of miscellaneous motion, 1990-03-14, for an order postponing the hearing of this appeal to April/30/90,, La
1990-03-14 Submission of miscellaneous motion, 1990-03-14, for an order postponing the hearing of this appeal to April/30/90,, La
1990-03-14 Response to miscellaneous motion, to postpone the appeal, United Transportation Union
1990-03-14 Response to miscellaneous motion, of Geoffrey C. Kubrick, Central Western Railway Corporation
1990-03-14 Notice of miscellaneous motion, for an order postponing the hearing of the appeal to april 30/04/90/ Central Western Railway Corporation
1990-03-06 Notice of withdrawal, With service Attorney General for Ontario
1990-02-21 Respondent's factum, 21 copies, with service United Transportation Union
1990-02-01 Appeal hearing scheduled, 1990-04-30
Decision reserved
1990-01-09 Correspondence (sent by the Court) to, re will be taking no position on the merits (will be represented by counsel at the hearing) by Véronique L. Marleau
1990-01-08 Appeal perfected for hearing, Session beginning on 1990-01-22
1989-11-30 Service, (proof) of case on appeal
1989-10-10 General proceeding, served copy of the appendix to the factum,, with service Central Western Railway Corporation
1989-10-10 General proceeding, served copy of the factum,, with service Central Western Railway Corporation
1989-10-05 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1989-10-05 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, McL
Granted, no order as to costs
1989-10-05 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-10-05, McL
1989-10-05 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-10-05, McL
1989-10-04 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause United Transportation Union
1989-10-04 Affidavit, of Anthony H.A. Keenleyside, Central Western Railway Corporation
1989-10-04 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service Central Western Railway Corporation
1989-09-28 General proceeding, 21 copies of the appendix , Central Western Railway Corporation
1989-09-28 Appellant's factum, 21 copies, Central Western Railway Corporation
1989-09-28 Response to motion to extend time, and all other parties, United Transportation Union
1989-09-28 Affidavit, of Gerald Chipeur, on the late filing of the appe llant's factum, Central Western Railway Corporation
1989-09-28 Motion to extend time, to file the appellant's factum, Central Western Railway Corporation
1989-05-18 Appeal court record
1989-05-18 Case on appeal, , 21 copies volume 1 to 3, with service Central Western Railway Corporation
1988-08-22 Correspondence (sent by the Court) to, dated Aug 15/88 from Scott & Aylen advising of being Ottawa Agent for the Respondents.
1988-07-28 Notice of intervention respecting a constitutional question Attorney General for Ontario
1988-07-28 Notice of intervention respecting a constitutional question Attorney General of Canada
1988-07-28 Service, on intervention notice
1988-07-25 Notice of intervention respecting a constitutional question, (served copy), with service Attorney General of Alberta
1988-07-25 Notice of intervention respecting a constitutional question Attorney General of Quebec
1988-07-14 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1988-07-12 Motion to state a constitutional question, With service Central Western Railway Corporation
1988-07-06 Order on motion to state a constitutional question
1988-06-27 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book #7 @ p.46. Interventions by July 29/88.), CJ
Granted, no order as to costs
1988-06-27 Hearing of the motion to state a constitutional question, 1988-06-27, (For Constitutional Question see file or Reg's Red Book #7 @ p.46. Interventions by July 29/88.), CJ
1988-06-27 Submission of motion to state a constitutional question, 1988-06-27, (For Constitutional Question see file or Reg's Red Book #7 @ p.46. Interventions by July 29/88.), CJ
1988-06-23 Order granting leave to appeal
1988-06-23 Service
1988-06-21 Motion to state a constitutional question, With service Central Western Railway Corporation
1988-06-21 Notice of deposit of security, With service
1988-06-21 $500 security deposit paid, $500.00, receipt # 2047 Central Western Railway Corporation
1988-06-21 Notice of appeal, With service Central Western Railway Corporation
1988-06-07 Correspondence received from, advising of judgment to Registrar (FCA,Ott,ON).
1988-06-02 Judgment of the Court on the application for leave to appeal, B La L'HD
Granted, with costs in the cause
1988-04-25 Hearing of the application for leave to appeal, 1988-04-25, B La L'HD
Decision reserved
1988-04-25 All materials on application for leave submitted to the Judges, 1988-04-25, B La L'HD
Decision reserved
1988-04-12 Service, 4 letters
1988-04-12 Respondent's response on the application for leave to appeal, 5 copies (R01,R02,R03) United Transportation Union
1988-04-11 Respondent's response on the application for leave to appeal, 5 copies, with service Brotherhood of Locomotive Engineers
1988-03-24 Respondent's response on the application for leave to appeal, 5 copies Canada Labour Relations Board
1988-03-04 Correspondence received from, from J. Levinson (Re:submission) Canada Labour Relations Board
1988-03-04 $30.00 filing fee, receipt # 12102 Central Western Railway Corporation
1988-03-04 Service, (2)
1988-03-04 Application for leave to appeal, 5 copies (advised), Completed on: 1988-03-04 Central Western Railway Corporation

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
Central Western Railway Corporation Applicant Active

v.

Main parties - Respondents
Name Role Status
United Transportation Union Respondent Active
Brotherhood of Maintenance of Way Employees. Respondent Active
Canadian Signal and Communications Union Respondent Active
Brotherhood of Locomotive Engineers Respondent Active
Canada Labour Relations Board Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: Central Western Railway Corporation

Counsel
Names
Thomas W. Wakeling
G.D. Chipeur
Contact information
Milner Fenerty
2900 - 10180, 101 ST NW
EDMONTON, Alberta
T5J 3V5
Telephone: (403) 423-7100
FAX: (403) 423-7276
Agent
Name
Angie Duncan
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: United Transportation Union

Counsel
Name
Douglas J. Wray
Contact information
Caley & Wray
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Brotherhood of Maintenance of Way Employees.

Counsel
Name
Douglas J. Wray
Contact information
Caley & Wray
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Canadian Signal and Communications Union

Counsel
Name
Douglas J. Wray
Contact information
Caley & Wray
1205 - 111 Richmond St. W.
Toronto, Ontario
M5H 2G4
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Brotherhood of Locomotive Engineers

Counsel
Names
James L. Shields
R.E. Houston, Q.C.
Contact information
Soloway, Wright LLP
900 - 427 LAURIER AVE
OTTAWA, Ontario
K1R 7Y2
Telephone: (613) 236-0111
FAX: (613) 238-8507

Party: Canada Labour Relations Board

Counsel
Name
Véronique L. Marleau
Contact information
Canada Industrial Relations Board
240 SPARKS ST
4TH FL W
OTTAWA, Ontario
K1A 0X8
Telephone: (613) 996-9466

Party: Attorney General of Alberta

Counsel
Name
Nolan D. Steed
Contact information
Attorney General of Alberta
300 - 10199, 101 ST NW
EDMONTON, Alberta
T5J 3Y4
Telephone: (403) 495-2983
FAX: (780) 425-0307
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 Quebec

Counsel
Name
Jean Bouchard
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Name
Sylvie Roussel
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

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

February 27, 1987
Federal Administrative Tribunals of Alberta

560-121 / 560-122

Finding that Appellant's labour relations are subject to federal jurisdiction

January 28, 1988
Federal Court of Appeal

A-29-87

appeal 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

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Webcasts

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Date modified: 2025-05-13