Case information
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30090
Her Majesty the Queen ex rel Linda Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771
(Saskatchewan) (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) |
|---|---|---|
| 2006-02-03 | Record returned to the Registrar of the Court of Appeal | |
| 2005-12-07 | Appeal closed | |
| 2005-11-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-11-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-11-24 |
Judgment on the appeal rendered, CJ Ma Bi LeB De Abe Cha, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 603, dated October 21, 2003, heard on February 10, 2005 is allowed and a conviction entered with costs to the appellant in this Court and courts below on a party and party basis. The matter is returned to the trial judge to impose sentence and consider the appellant's claim for further and other relief. Deschamps J. is dissenting. Allowed, with costs |
|
| 2005-02-28 | Transcript received, (58 pages) | |
| 2005-02-10 | Judgment reserved OR rendered with reasons to follow | |
| 2005-02-10 | Respondent's condensed book, Submitted in Court (14 copies) | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 |
| 2005-02-10 | Appellant's condensed book, Submitted in Court (12 copies) | Her Majesty the Queen ex rel Linda Merk |
| 2005-02-10 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-02-10 |
Hearing of the appeal, 2005-02-10, CJ Ma Bi LeB De Abe Cha Judgment reserved |
|
| 2005-01-28 | Notice of appearance, Roger J.F. Lepage and Kerri Froc will be present at the hearing. Alison Mitchell will also be attending (confirmed by phone). | Her Majesty the Queen ex rel Linda Merk |
| 2005-01-26 | Notice of appearance, Roderick M. Gillies will be present at hearing. | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-02-10 Judgment reserved |
|
| 2004-10-15 | Appeal perfected for hearing | |
| 2004-10-12 | Respondent's book of authorities, Completed on: 2004-10-12 | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 |
| 2004-10-12 | Respondent's record, Completed on: 2004-10-12 | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 |
| 2004-10-12 | Respondent's factum, Completed on: 2004-10-12 | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 |
| 2004-08-17 | Appellant's book of authorities, Completed on: 2004-08-17 | Her Majesty the Queen ex rel Linda Merk |
| 2004-08-17 | Appellant's record, Completed on: 2004-08-17 | Her Majesty the Queen ex rel Linda Merk |
| 2004-08-17 | Appellant's factum, Completed on: 2004-08-17 | Her Majesty the Queen ex rel Linda Merk |
| 2004-06-09 | Appeal court record, (1 large envelope) | |
| 2004-05-28 | Notice of appeal, Completed on: 2004-05-28 | Her Majesty the Queen ex rel Linda Merk |
| 2004-05-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-04-30 | Judgment on leave sent to the parties | |
| 2004-04-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 603, dated October 21, 2003, is granted without costs. Granted, without costs |
|
| 2004-03-31 | All materials on application for leave submitted to the Judges, CJ Ma F | |
| 2004-01-26 | Applicant's reply to respondent's argument, Completed on: 2004-01-26 | Her Majesty the Queen ex rel Linda Merk |
| 2004-01-15 | Respondent's response on the application for leave to appeal, Completed on: 2004-01-15 | International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 |
| 2004-01-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-12-19 | Application for leave to appeal, Completed on: 2003-12-29 | Her Majesty the Queen ex rel Linda Merk |
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 |
|---|---|---|
| Her Majesty the Queen ex rel Linda Merk | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 | Respondent | Active |
Counsel
Party: Her Majesty the Queen ex rel Linda Merk
Counsel
Kerri Froc
700 - 2103, 11TH AVE
REGINA, Saskatchewan
S4P 4G1
Telephone: (306) 347-8332
FAX: (306) 347-8350
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771
Counsel
200 , 402 - 21st Street East
Saskatoon, Saskatchewan
S7K 0C3
Telephone: (306) 653-1500
FAX: (306) 664-6659
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
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.
Ms. Merk was the office manager and bookkeeper of the Respondent Union, although she was not a member of the union. She became concerned with the salary and expense payments claimed by two of her supervisors, Mr. Royer and Mr. Gumulcak. She spoke with Mr. Royer about the incident. Some time later, four union members wrote to the General President to complain. He assigned an investigator, who met with the union members as well as with Ms. Merk. On September 21, 2001, the executive board of the union authorized the termination of Ms. Merk’s employment. On October 19, Ms. Merk wrote to the General President of the union a lengthy letter which contained many allegations against her supervisors and also advising that members of the union would go to the police if something was not done. On October 26, Ms. Merk and some members of the union did go to the police to report the conduct of the supervisors. On November 5, 2001, Ms. Merk received the letter of dismissal that had been previously drafted by the executive board.
Ms. Merk commenced a private prosecution against the Respondent, alleging that she had been dismissed contrary to s. 74(1)(a) of the Labour Standards Act, R.S.S. 1978, c. L-1.
On August 29, 2002, the Provincial Court of Saskatchewan dismissed the charge on the grounds that the Ms. Merk had been dismissed because she had contacted the General President of the union, and that he was not a “lawful authority” within the meaning of s. 74(1)(a) of the Act. On January 9, 2003, the Court of Queen’s Bench overturned the decision on the ground that the trial judge had erred in finding that Ms. Merk had not been terminated because of her visit to the police. On October 21, 2003, the majority of the Court of Appeal set aside the judgment, Cameron J.A. dissenting.
Lower court rulings
Provincial Court of Saskatchewan
2002 SKPC 78
Ms. Merk's private prosecution against Respondent charging him with a violation of s. 74 of The Labour Standards Act dismissed
Court of Appeal for Saskatchewan
603
Respondent's appeal allowed: judgment set aside
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
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 613‑996‑7933 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
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 613‑996‑7933 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