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Case information

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21239

United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry v. W.W. Lester (1978) Limited, et al.

(Newfoundland & Labrador) (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)
1991-12-09 Appeal closed
1991-02-01 Formal judgment sent to the registrar of the court of appeal and all parties, (St. John's,NF)
1991-02-01 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1991-02-01 Copy of formal judgment being prepared, Perley-Robertson, Penet, Hill & McDougall (Ottawa,ON)
1991-02-01 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-12-10 Correspondence (sent by the Court) to, from Claude Alain sent to His Honour David L. Russell (St. John's,NF) informing him that a complimentary copy of the reasons for judgment in this case is being forwarded to him.
1990-12-07 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-12-07 Notice of deposit of judgment sent to all parties, Perley-Robertson, Panet, Hill & McDougall (Ottawa,ON)
1990-12-07 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1990-12-07 Judgment on the appeal rendered, CJ CJ W LaF L'HD So G Co McL, The appeal is dismissed with costs, Chief Justice Dickson, Wilson, L'Heureux-Dubé and Cory JJ. dissenting.
Allowed, with costs
1990-05-10 General proceeding, transcripts received and distributed to the justices (96 pages)
1990-04-30 Appeal hearing
1990-04-26 Hearing of the appeal, 1990-04-26, CJ CJ W LaF L'HD So G Co McL
Decision reserved
1990-04-26 Appeal hearing scheduled, 1990-04-26
Decision reserved
1990-04-24 Book of authorities, 10 copies vol. I W.W. Lester (1978) Limited
1990-04-17 Book of authorities, 10 copies vol. I & II United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1990-04-17 Book of authorities, 10 copies Labour Relations Board for the Province of Newfoundland
1990-04-17 Respondent's factum, 21 copies Labour Relations Board for the Province of Newfoundland
1990-04-09 Notice of hearing, With service United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1990-04-05 General proceeding, to note package not delivered (affidavit) W.W. Lester (1978) Limited
1990-04-04 Respondent's factum, 21 copies W.W. Lester (1978) Limited
1990-04-03 Affidavit, of Barrie Heywood, re: missing Respondent's factum W.W. Lester (1978) Limited
1990-03-07 Appeal perfected for hearing, Session beginning on 1990-04-23
1990-03-05 Appellant's factum, 21 copies, with service United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1990-02-19 Case on appeal, 21 copies, vols 1 and 2, with service United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1989-08-14 Order granting leave to appeal
1989-08-08 Service, Notice of deposit of security
1989-08-08 Service, Notice of Appeal
1989-07-31 Notice of deposit of security, With service
1989-07-31 Service, Notice of Appeal
1989-07-26 $500 security deposit paid, certificate #2084 United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1989-07-26 Notice of appeal United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1989-06-12 Close file on Leave
1989-06-12 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ott., Ont.)
1989-06-12 Notice of deposit of judgment issued to all parties, Perley-Robertson, Panet, Hill & McDougall (Ott., Ont.)
1989-06-12 Notice of deposit of judgment issued to all parties, Miller & Hearn (Labrador City, Nfld.)
1989-06-08 Judgment of the Court on the application for leave to appeal, LaF So Co, The application for leave to appeal is granted, costs in the cause.
Granted, with costs in the cause
1989-06-08 Hearing of the application for leave to appeal, 1989-06-08, LaF So Co
1989-06-08 All materials on application for leave submitted to the Judges, 1989-06-08, LaF So Co
1989-02-07 All materials on application for leave submitted to the Judges, LaF So Co
1989-01-06 Service, on the application book
1989-01-06 Respondent's response on the application for leave to appeal, 6 copies W.W. Lester (1978) Limited
1989-01-05 Respondent's response on the application for leave to appeal, 5 copies Labour Relations Board for the Province of Newfoundland
1988-12-09 Order on motion to extend the time to file and/or serve the leave application
1988-12-08 Correspondence received from, Letter re new rules sent to Miller & Hearn (Labrador City, Nfld.)
1988-12-08 Correspondence received from, Letter re new rules sent to Heywood & Parson (Mount Pearl, Nfld.)
1988-12-06 Decision on motion to extend time to file and /or serve the leave application, So
Granted, no order as to costs
1988-12-06 Hearing of motion to extend time to file and/ or serve the leave application, 1988-12-06, So
1988-12-06 Submission of motion to extend time to file and/ or serve the leave application, 1988-12-06, So
1988-12-06 $30.00 filing fee, receipt # 13179 United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1988-12-06 Application for leave to appeal, , 5 copies, Completed on: 1988-12-06 United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1988-12-05 Affidavit, of Barrie Heywood in objection to extension of time W.W. Lester (1978) Limited
1988-12-02 Response to the motion to extend the time to file and / or serve the leave application Labour Relations Board for the Province of Newfoundland
1988-12-01 Affidavit, With service United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry
1988-12-01 Motion to extend the time to file and or serve the application for leave to appeal, With service United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry

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
United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry Applicant Active

v.

Main parties - Respondents
Name Role Status
W.W. Lester (1978) Limited Respondent Active
Planet Development Corporation Limited Respondent Active
Labour Relations Board for the Province of Newfoundland Respondent Active

Counsel

Party: United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry

Counsel
Names
Stephanie L. Newell
Randell Earle, Q.C.
Contact information
O'Dea, Earle
323 DUCKWORTH ST
PO BOX 5955 STN C
ST JOHN'S, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 726-3524
FAX: (709) 726-9600
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: W.W. Lester (1978) Limited

Counsel
Name
Barrie Heywood
Contact information
Heywood, Kennedy, Belbin
184 Park Ave.
P.O. Box 250
Mount Pearl, Newfoundland & Labrador
A1N 2C3
Telephone: (709) 747-9613
FAX: (709) 747-9723
Agent
Name
David Migicovsky
Contact information
Perley-Robertson, Hill & McDougall
400 - 90 Sparks Street
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Planet Development Corporation Limited

Counsel
Name
Barrie Heywood
Contact information
Heywood, Kennedy, Belbin
184 Park Ave.
P.O. Box 250
Mount Pearl, Newfoundland & Labrador
A1N 2C3
Telephone: (709) 747-9613
FAX: (709) 747-9723
Agent
Name
David Migicovsky
Contact information
Perley-Robertson, Hill & McDougall
400 - 90 Sparks Street
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Labour Relations Board for the Province of Newfoundland

Counsel
Name
Edward M. Hearn
Contact information
Miller & Hearn
450 AVALON DR
PO BOX 129
LABRADOR CITY, Newfoundland & Labrador
A2V 2K3
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

August 18, 1985
Provincial Administrative Tribunals of Newfoundland

Labour Relations Brd

Ruling that there was a transfer or other disposition of the business (see file)

December 18, 1986
Supreme Court of Newfoundland and Labrador, Court of Appeal

Not available

Application for certiorari denied

May 30, 1988
Supreme Court of Newfoundland and Labrador - Court of Appeal

73

Appeal allowed

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

Not available.

Date modified: 2025-05-13