Case information
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35623
British Columbia Teachers' Federation, et al. v. British Columbia Public School Employers' Association, et al.
(British Columbia) (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) |
|---|---|---|
| 2014-11-28 | Transcript received, (83 pages) | |
| 2014-11-17 | Appeal closed | |
| 2014-11-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-11-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-11-12 |
Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040450, 2013 BCCA 405, dated September 20, 2013, was heard on November 12, 2014, and the Court on that day delivered the following judgment orally: KARAKATSANIS J. — The Court of Appeal erred in failing to give deference to the Arbitrator’s interpretation of the collective agreement and in failing to recognize the different purposes of pregnancy benefits and parental benefits. The Arbitrator was entitled to reach the conclusions that he did and we see no reason to interfere with the remedy. The appeal is allowed with costs and the Arbitrator’s award is restored. Allowed, with costs |
|
| 2014-11-12 | Respondent's condensed book, Submitted in Court (14 copies) | British Columbia Public School Employers' Association |
| 2014-11-12 | Appellant's condensed book, Submitted in Court (14 copies) | British Columbia Teachers' Federation |
| 2014-11-12 |
Hearing of the appeal, 2014-11-12, CJ Abe Ro Mo Ka Wa Ga Judgment rendered |
|
| 2014-11-10 | Correspondence received from, Jeffrey Beedell dated 2014-11-10. Re: Filing of two additional authorities | British Columbia Public School Employers' Association |
| 2014-11-06 | Supplemental document, Supplemental Book of Authorities, Completed on: 2014-11-06 | British Columbia Teachers' Federation |
| 2014-11-05 | Notice of appearance, Robyn Trask, Diane MacDonald and Michael Sobkin will be present at the hearing. | British Columbia Teachers' Federation |
| 2014-11-05 | Notice of appearance, Clea Parfitt and Kasari Govender will be present at the hearing. | West Coast Women's Legal Education and Action Fund |
| 2014-10-29 | Intervener's factum, (Book Form), Proof of service missing. - Rec'd on 2014-11-05, Completed on: 2014-11-05, (Electronic version filed on 2014-10-29) | West Coast Women's Legal Education and Action Fund |
| 2014-10-29 | Intervener's book of authorities, (Book Form), Proof of service missing. - Rec'd on 2014-11-05, Completed on: 2014-11-05, (Electronic version filed on 2014-10-29) | West Coast Women's Legal Education and Action Fund |
| 2014-10-28 | Order on motion to file a reply factum on appeal, (by WAGNER J.) | |
| 2014-10-28 |
Decision on the motion to file a reply factum on appeal, Wa, UPON APPLICATION by the appellants for an order granting leave to serve and file a single factum not exceeding 10 pages in reply to the respondents’ factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2014-10-28 | Submission of motion to file a reply factum on appeal, Wa | |
| 2014-10-27 | Correspondence received from, (Letter Form), Appellant, re.: an error in Paragraph 5 in proposed reply factum | British Columbia Teachers' Federation |
| 2014-10-07 | Reply to motion to file a reply factum on appeal, (Letter Form), Completed on: 2014-10-07, (Electronic version filed on 2014-10-08) | British Columbia Teachers' Federation |
| 2014-10-02 | Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2014-10-02, (Electronic version filed on 2014-10-02) | British Columbia Public School Employers' Association |
| 2014-09-23 | Motion to file a reply factum on appeal, (Book Form), Completed on: 2014-09-23, (Electronic version filed on 2014-09-23) | British Columbia Teachers' Federation |
| 2014-09-11 | Appeal perfected for hearing | |
| 2014-09-09 | Correspondence received from, 2 reserved seats requested | British Columbia Public School Employers' Association |
| 2014-09-09 | Notice of appearance, Delayne Sartison and Jennifer Devins will be present at the hearing. | British Columbia Public School Employers' Association |
| 2014-09-08 | Respondent's book of authorities, Completed on: 2014-09-08 | British Columbia Public School Employers' Association |
| 2014-09-08 | Respondent's factum, Completed on: 2014-09-08 | British Columbia Public School Employers' Association |
| 2014-09-08 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-11-12 Judgment rendered |
|
| 2014-09-03 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2014-09-03 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the West Coast Women’s Legal Education and Action Fund 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 West Coast Women’s Legal Education and Action Fund is granted. The said intervener shall be entitled to serve and file a factum not exceeding 10 pages in length on or before October 29, 2014 and is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The intervener shall ensure that its submissions are not duplicative of those of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2014-09-03 | Submission of motion for leave to intervene, Ro | |
| 2014-08-22 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-08-22, (Electronic version filed on 2014-08-22) | West Coast Women's Legal Education and Action Fund |
| 2014-08-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-08-21, (Printed version filed on 2014-08-21) | British Columbia Teachers' Federation |
| 2014-08-18 | Response to the motion for leave to intervene, Completed on: 2014-08-18, (Printed version filed on 2014-08-18) | British Columbia Public School Employers' Association |
| 2014-08-08 | Motion for leave to intervene, (Book Form), Fee missing. Received 2014-08-12., Completed on: 2014-08-12, (Electronic version filed on 2014-08-12) | West Coast Women's Legal Education and Action Fund |
| 2014-07-15 | Certificate of counsel (attesting to record) | British Columbia Teachers' Federation |
| 2014-07-15 | Appellant's book of authorities, (4 volumes), Completed on: 2014-07-15 | British Columbia Teachers' Federation |
| 2014-07-15 | Appellant's record, (3 volumes), Completed on: 2014-07-15 | British Columbia Teachers' Federation |
| 2014-07-15 | Appellant's factum, Completed on: 2014-07-15 | British Columbia Teachers' Federation |
| 2014-04-22 | Notice of appeal, Completed on: 2014-04-22 | British Columbia Teachers' Federation |
| 2014-03-26 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-21 | Judgment on leave sent to the parties | |
| 2014-03-20 |
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 British Columbia (Vancouver), Number CA040450, 2013 BCCA 405, dated September 20, 2013, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2014-02-27 | Correspondence received from, Notice of change of law firm, from McMillan to Gowlings | British Columbia Public School Employers' Association |
| 2014-02-17 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2014-01-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-01-10, (Electronic version filed on 2014-01-14) | British Columbia Teachers' Federation |
| 2013-12-17 | Respondent's response on the application for leave to appeal, Completed on: 2013-12-17 | British Columbia Public School Employers' Association |
| 2013-11-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-11-18 | Book of authorities, (Book Form) | British Columbia Teachers' Federation |
| 2013-11-18 | Application for leave to appeal, (Book Form), Electonic version rec'd, Completed on: 2013-11-18 | Surrey Teachers' Association |
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 |
|---|---|---|
| British Columbia Teachers' Federation | Appellant | Active |
| Surrey Teachers' Association | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| British Columbia Public School Employers' Association | Respondent | Active |
| Board of Education of School District No. 36 (Surrey) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| West Coast Women's Legal Education and Action Fund | Intervener | Active |
Counsel
Party: Surrey Teachers' Association
Counsel
Robyn Trask
100-550 6th Avenue West
Vancouver, British Columbia
V5Z 4P2
Telephone: (604) 871-1815
FAX: (604) 871-2288
Email: dmacdonald@bctf.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: British Columbia Teachers' Federation
Counsel
Robyn Trask
100-550 6th Avenue West
Vancouver, British Columbia
V5Z 4P2
Telephone: (604) 871-1815
FAX: (604) 871-2288
Email: dmacdonald@bctf.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: British Columbia Public School Employers' Association
Counsel
Jennifer R. Devins
800-666 Burrard Street
Vancouver, British Columbia
V6C 3P3
Telephone: (604) 806-0922
FAX: (604) 806-0933
Email: dsartison@ropergreyell.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Board of Education of School District No. 36 (Surrey)
Counsel
Jennifer R. Devins
800-666 Burrard Street
Vancouver, British Columbia
V6C 3P3
Telephone: (604) 806-0922
FAX: (604) 806-0933
Email: dsartison@ropergreyell.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: West Coast Women's Legal Education and Action Fund
Counsel
kasari Govender
Vancouver, British Columbia
V6Z 1K9
Telephone: (604) 689-7778
FAX: (604) 689-5572
Email: cparfitt@axion.net
Agent
130, rue Albert
Bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: jdubois@juristespower.ca
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.
Labour relations - Collective agreements - Pregnancy benefits - Parental benefits - Supplemental employment benefits - Whether the arbitrator committed a reviewable error in his interpretation of the collective agreement - Whether the Court of Appeal erred in finding that pregnancy leave and benefits and parental leave and benefits have the same purpose - Whether the Court of Appeal erred in finding that birth mothers are not subject to discrimination because they receive “equal” treatment in the provision of supplementary employment benefits under the collective agreement.
The collective agreement provides birth mothers, birth fathers and adoptive parents with 95 percent of their salary for the two-week unpaid waiting period for EI benefits, and 70 percent of the difference between EI benefits and their salary for an additional 15 weeks. Birth mothers could elect to take their supplemental employment benefits with their maternity leave or their parental leave. The British Columbia Teachers’ Federation and the Surrey Teachers’ Association filed a grievance alleging that the British Columbia Public School Employers’ Association and the Board of Education of School District No 36 (Surrey) had failed to provide supplemental employment benefits to birth mothers in relation to both maternity leave and parental leave. They alleged that this failure was discriminatory conduct contrary to the Human Rights Code, R.S.B.C. 1996, c. 210, and s. 15 of the Canadian Charter of Rights and Freedoms.
Lower court rulings
British Columbia Labour Relations Board
Grievance allowed
Court of Appeal for British Columbia (Vancouver)
2013 BCCA 405, CA040450
Appeal allowed; Arbitrator’s decision set aside; grievance dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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
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