Case information
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34505
Régie des rentes du Québec v. Canada Bread Company Ltd., et al.
(Quebec) (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) |
|---|---|---|
| 2014-06-27 | Appeal closed | |
| 2014-06-27 | Certificate of taxation issued to, Sheila York | |
| 2014-06-27 | Decision on the bill of costs, in the amount of $26,277.19, Reg | |
| 2014-06-27 | Submission of the bill of costs, Reg | |
| 2014-03-10 | Reply to the bill of costs, Completed on: 2014-03-10 | Régie des rentes du Québec |
| 2014-03-06 | Response to the bill of costs, Completed on: 2014-03-06 | Bakery, Confectionery Tobacco Workers and Grain Millers International Union, Local 468 |
| 2014-03-05 | Response to the bill of costs, Completed on: 2014-03-05 | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2014-03-05 | Reply to the bill of costs, Completed on: 2014-03-05 | Régie des rentes du Québec |
| 2014-02-28 | Response to the bill of costs, Completed on: 2014-02-28 | Canada Bread Company Ltd. |
| 2014-02-25 | Bill of costs, Completed on: 2014-02-25 | Régie des rentes du Québec |
| 2013-09-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-09-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-09-13 |
Judgment on the appeal rendered, CJ F Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-021319-116, 2011 QCCA 1518, dated August 22, 2011, heard on April 17, 2013, is allowed with costs throughout. McLachlin C.J. and Fish J. are dissenting. Allowed, with costs |
|
| 2013-04-30 | Transcript received, (69 pages) | |
| 2013-04-17 | Judgment reserved OR rendered with reasons to follow | |
| 2013-04-17 |
Hearing of the appeal, 2013-04-17, CJ F Abe Ro Cro Ka Wa Judgment reserved |
|
| 2013-04-17 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-04-17 | Respondent's condensed book, (Book Form), Filed in Court | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2013-04-17 | Respondent's condensed book, (Book Form), Filed in Court | Canada Bread Company Ltd. |
| 2013-04-17 | Appellant's condensed book, (Book Form), Filed in Court | Régie des rentes du Québec |
| 2013-04-12 | Correspondence received from, Pierre Landry dated April 12/13 re: the extract referred to by Ms. Buissières can be found at Vol. 11, part VII of the factum of the appellant | Régie des rentes du Québec |
| 2013-04-11 | Correspondence received from, Natalie Bussière dated April 11/13 re: will be filing extract of the Loi sur les régimes complémentaires de retraite before 2000 in her condensed book | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2013-04-04 | Correspondence received from, Pierre Landry dated April 4/13 and rec'd by fax re: will be filling 2 decisions of the SCC in their condensed book. | Régie des rentes du Québec |
| 2013-04-04 | Notice of appearance, Stéphane Rochette and Jean-Yves Bernard will be present at the hearing. | Attorney General of Quebec |
| 2013-03-28 | Notice of appearance, Sheila Tork and Carole Avav will be present at the hearing. | Régie des rentes du Québec |
| 2013-03-27 | Notice of appearance, Natalie Bussière and Sophie Tremblay will be appearing | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2013-03-26 |
Order by, Cro, FURTHER TO THE ORDER dated August 24, 2012 granting leave to intervene to the Attorney General of Quebec; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal Granted |
|
| 2013-03-26 | Notice of appearance, Éric Mongeau, Patrick Girard and Michel Legendre will be present at the hearing. | Canada Bread Company Ltd. |
| 2013-03-13 | Correspondence received from, Pierre Landry dated March 13/13 re: request for 1 additional reserved seat | Régie des rentes du Québec |
| 2013-03-11 | Notice of hearing sent to parties | |
| 2013-03-07 |
Appeal hearing scheduled, 2013-04-17, (previously & tentatively scheduled for Dec. 10/12) Judgment reserved |
|
| 2013-01-10 | Correspondence received from, Mr. Thauvette rec'd by fax dated Jan. 9/13 re: 3 reserved seats | Robert Thauvette |
| 2012-10-19 | Intervener's book of authorities, Completed on: 2012-10-19 | Attorney General of Quebec |
| 2012-10-19 | Intervener's factum, Completed on: 2012-10-19 | Attorney General of Quebec |
| 2012-09-17 | Correspondence received from, 4 reserved seats requested | Canada Bread Company Ltd. |
| 2012-09-13 | Appeal perfected for hearing | |
| 2012-09-10 | Respondent's book of authorities, Completed on: 2012-09-10 | Canada Bread Company Ltd. |
| 2012-09-10 | Respondent's record, Completed on: 2012-09-10 | Canada Bread Company Ltd. |
| 2012-09-10 | Respondent's factum, Completed on: 2012-09-10 | Canada Bread Company Ltd. |
| 2012-09-10 | Respondent's book of authorities, (3 volumes), Completed on: 2012-09-10 | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2012-09-10 | Respondent's factum, Completed on: 2012-09-10 | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2012-08-24 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-08-24 |
Decision on the motion for leave to intervene, Cro, UPON A MOTION by the Attorney General of Quebec for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Quebec is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 19, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues, to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondents any additional disbursements occasioned to the appellant and the respondents by his intervention. Granted |
|
| 2012-08-24 | Submission of motion for leave to intervene, Cro | |
| 2012-08-20 | Response to the motion for leave to intervene, (Book Form), Completed on: 2012-08-20 | Canada Bread Company Ltd. |
| 2012-08-10 | Motion for leave to intervene, Completed on: 2012-08-10 | Attorney General of Quebec |
| 2012-08-07 | Correspondence received from, Laurence Lemay-Plamondon dated July 31, 2012. Re: Manon Lafrance has been replaced by Laurence Lemay-Plamondon | Administrative Tribunal of Québec |
| 2012-07-25 | Correspondence received from, Natalie Bussière dated July 25/12 re does not object of Robert Thauvette and Tribunal administratif du Québec appear as interveners instead of respondents | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2012-07-24 | Correspondence received from, Sandra Banister dated July 16, 2012. Re: Will not be participating in the appeal | Bakery, Confectionery Tobacco Workers and Grain Millers International Union, Local 468 |
| 2012-07-18 | Appellant's book of authorities, (3 volumes), Completed on: 2012-07-18 | Régie des rentes du Québec |
| 2012-07-18 | Appellant's record, (2 volumes), Completed on: 2012-07-18 | Régie des rentes du Québec |
| 2012-07-18 | Appellant's factum, (2 volumes), Completed on: 2012-07-18 | Régie des rentes du Québec |
| 2012-07-16 | Correspondence received from, Pierre Landry dated July 16, 2012 re: error in style of cause and that Robert Thauvette and Tribunal administratif du Québec should appear as interveners instead of respondents | Régie des rentes du Québec |
| 2012-07-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-06-27 | Correspondence received from, Sheila York dated June 27, 2012. Re: Sheila York will be replaced by Carole Arav during her absence. | Régie des rentes du Québec |
| 2012-04-27 | Notice of appeal, Completed on: 2012-04-27 | Régie des rentes du Québec |
| 2012-04-27 | Correspondence received from, Sylvie Labbé, fax dated April 27, 2012, re.: Noël & Associés will be the agent for the respondent Canada Bread Company Ltd., Multi-Marques Inc. and Multi-Marques Distribution Inc. | Canada Bread Company Ltd. |
| 2012-04-24 | Correspondence received from, Natalie Bussière, fax dated April 24, 2012, re.: Nancy Brooks will be the agent for the respondent Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund. | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2012-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (hearing for Spring 2013 Session) | |
| 2012-04-20 | Correspondence received from, Manon Lafrance, letter dated April 16, 2012, re.: the Respondent, Tribunal Administratif du Québec will not be submitting a factum and will not be present, nor represented at the hearing. | Administrative Tribunal of Québec |
| 2012-04-13 | Correspondence received from, Sheila York dated April 13/12 and rec'd by fax, re.: request to change hearing date (original rec'd April 17/12) | Régie des rentes du Québec |
| 2012-04-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-30 | Judgment on leave sent to the parties | |
| 2012-03-29 |
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 of Quebec (Montréal), Number 500-09-021319-116, 2011 QCCA 1518, dated August 22, 2011, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2012-03-20 | Correspondence received from, Robert Thauvette, fax dated March 19, 2012, re.: will not be submitting any documents to the Court | Robert Thauvette |
| 2012-03-15 | Correspondence received from, Pierre Landry, fax dated March 15, 2012, re.: Mr. Robert Thauvette's address | Régie des rentes du Québec |
| 2012-03-14 | Correspondence received from, Pierre Landry, fax dated March 14, 2012, re.:Mr. Robert Thauvette is not represented by Stikeman, he represents himself. | Canada Bread Company Ltd. |
| 2012-02-27 | All materials on application for leave submitted to the Judges, (revised from LeB, Abe, Cro) to, De Abe Cro | |
| 2011-11-28 | Applicant's reply to respondent's argument, Service missing (rec'd Nov.29, 2011), Completed on: 2011-11-29 | Régie des rentes du Québec |
| 2011-11-17 | Respondent's response on the application for leave to appeal, Service missing (rec'd Nov. 18, 2011), Completed on: 2011-11-18 | Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund |
| 2011-11-16 | Respondent's response on the application for leave to appeal, Service missing (rec'd Nov.17, 2011), Completed on: 2011-11-17 | Canada Bread Company Ltd. |
| 2011-11-03 | Respondent's response on the application for leave to appeal, (Letter Form), From Manon Lafrance, dated Oct. 28, 2011, re.: the Respondent le Tribunal administratif du Québec will not be submitting a response., Completed on: 2011-11-03 | Administrative Tribunal of Québec |
| 2011-10-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-10-20 | Application for leave to appeal, 3 volumes, Completed on: 2011-10-20 | Régie des rentes du Québec |
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 |
|---|---|---|
| Régie des rentes du Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canada Bread Company Ltd. | Respondent | Active |
| Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund | Respondent | Active |
| Multi-Marques Inc., Multi-Marques Distribution Inc. | Respondent | Active |
| Bakery, Confectionery Tobacco Workers and Grain Millers International Union, Local 468 | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Thauvette, Robert | Intervener | Active |
| Administrative Tribunal of Québec | Intervener | Active |
Counsel
Party: Régie des rentes du Québec
Counsel
Carole Arav
501 - 2600 boul. Laurier
Québec, Quebec
G1K 7S9
Telephone: (418) 657-8702 Ext: 4167
FAX: (418) 643-9590
Email: sheila.york@rrq.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Canada Bread Company Ltd.
Counsel
Michel Legendre
Patrick Girard
1155, boul. René-Lévesque ouest
Bureau 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3043
FAX: (514) 397-3643
Email: emongeau@stikeman.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Sean Kelly in his capacity as trustee of the Bakery and Confectionery Union and Industry Canadian Pension Fund
Counsel
2200 - 600 boul. de Maisonneuve Ouest
Montréal, Quebec
H3A 3J2
Telephone: (514) 982-4080
FAX: (514) 982-4099
Email: natalie.bussiere@blakes.com
Agent
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Multi-Marques Inc., Multi-Marques Distribution Inc.
Counsel
Michel Legendre
Patrick Girard
1155, boul. René-Lévesque ouest
Bureau 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3043
FAX: (514) 397-3643
Email: emongeau@stikeman.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Bakery, Confectionery Tobacco Workers and Grain Millers International Union, Local 468
Counsel
670 - 355 Burrard
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 662-7276
FAX: (604) 662-2287
Email: admin@banisterlaw.com
Party: Administrative Tribunal of Québec
Counsel
Manon Lafrance
500, boulevard René-Lévesque Ouest
21e étage
Montréal, Quebec
H2Z 1W7
Telephone: (514) 873-8030 Ext: 5108
FAX: (514) 864-8430
Email: laurence.lemayplamondon@taq.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Thauvette, Robert
This party is not represented by counsel.
Party: Attorney General of Quebec
Counsel
Jean-Yves Bernard
1200, Route de l'Église
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: stephane.rochette@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
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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.
Legislation Scope of declaratory statute Judgments Impact of application for leave to appeal on status of case Incompatibility of pension plan provision of collective agreement found by administrative tribunals and affirmed by Superior Court Court of Appeal reversing that finding and remitting matter to initial administrative tribunal Application made for leave to appeal that judgment to country’s highest court Declaratory legislation clarifying interpretation contrary to judgment of Court of Appeal prior to dismissal of application for leave to appeal Administrative tribunal applying declaratory provision That choice challenged Whether Court of Appeal erred in refusing to apply declaratory statute to case, despite fact that statute enacted while case pending, on ground that case had ceased to be pending as result of dismissal of application for leave to appeal to Supreme Court of Canada Supplemental Pension Plans Act, R.S.Q. c. R 15.1, ss. 5, 14.1, 211, 228.
In April 2008, the Court of Appeal reversed a decision of the Régie des rentes finding that certain clauses of a private pension plan authorizing the employer to reduce pensions after closing down were unlawful; it remitted the matter to the Régie to be redetermined accordingly. On May 29, the Régie applied to the Court for leave to appeal. On June 8, the Quebec legislature enacted a declaratory statute imposing the Régie’s interpretation of the relevant statute and excluding the Court of Appeal’s interpretation. In October 2008, the application for leave to appeal was dismissed. In August 2009, the Régie made its new decision and applied the declaratory statute. The employer challenged that decision on the ground that the case was no longer pending when the declaratory statute came into force.
Lower court rulings
Provincial Administrative Tribunals of Quebec
2010 QCTAQ 04423, SAE-M-163010-0909, SAE-M-163124-0909, SAE-M-163236-0909
Administrative decision to apply declaratory statute confirmed
Superior Court of Quebec
2010 QCCS 6104, 500-17-058446-108, 500-17-058491-104, 500-17-058505-101
Administrative Tribunal’s decision judicially reviewed; matter remitted to Régie des rentes so it could apply April 2008 judgment of Court of Appeal
Court of Appeal of Quebec (Montréal)
2011 QCCA 1518, 500-09-021319-116
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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