Case information
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36354
Joseph Wilson v. Atomic Energy of Canada Limited
(Federal) (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) |
|---|---|---|
| 2017-10-16 | Appeal closed | |
| 2017-10-16 | Certificate of taxation issued to, W. Jason Hanson | |
| 2017-10-16 | Decision on the bill of costs, in the amount of $1,988.07, Reg | |
| 2017-10-16 | Submission of the bill of costs, Reg | |
| 2017-06-26 | Correspondence received from, (Letter Form), Marie-France Major. Marie-France Major is acting as agent for the respondent. | Atomic Energy of Canada Limited |
| 2017-06-22 | Response to the bill of costs, (Letter Form), Completed on: 2017-06-22 | Joseph Wilson |
| 2017-06-13 | Correspondence (sent by the Court) to, all parties, re: cover letter and certificate of taxation | |
| 2017-06-13 | Certificate of taxation issued to, Mr. James A. LeNoury | |
| 2017-06-13 | Decision on the bill of costs, in the amount of $14,824.64, Reg | |
| 2017-06-13 | Submission of the bill of costs, Reg | |
| 2017-06-12 | Bill of costs, (Letter Form), Completed on: 2017-06-12 | Atomic Energy of Canada Limited |
| 2017-05-08 | Correspondence (sent by the Court) to, all parties by regular mail, re: copy of order on motion for re-hearing | |
| 2017-04-04 |
Decision on the motion for a re-hearing of the appeal, CJ Abe Mo Ka Wa Ga Côt Br, Please see order dated April 4, 2017, on motion to extend time. Dismissed |
|
| 2017-04-04 | Order on motion to extend time, CORAM: MCLACHLIN C.J. AND ABELLA, MOLDAVER, KARAKATSANIS, WAGNER, GASCON, CÔTÉ AND BROWN JJ. | |
| 2017-04-04 |
Decision on motion to extend time, CJ Abe Mo Ka Wa Ga Côt Br, UPON APPLICATION by the appellant for an order extending the time to serve and file a motion for re-hearing until February 17, 2017, and for an order, pursuant to Rule 76, granting a re-hearing and varying the costs order in the Court’s judgment dated July 14, 2016: AND THE MATERIALS FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is dismissed with costs. Had the extension of time been granted, the motion for a re-hearing would have been dismissed with costs. Dismissed, with costs |
|
| 2017-04-04 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ Abe Mo Ka Wa Ga Côt Br | |
| 2017-04-04 | Submission of motion to extend time, CJ Abe Mo Ka Wa Ga Côt Br | |
| 2017-03-17 | Reply to motion to extend time, (Book Form), (Included in the reply to the response to the motion for a re-hearing of the appeal), Completed on: 2017-03-28 | Joseph Wilson |
| 2017-03-17 | Reply to the response to the motion for a re-hearing of the appeal, (Book Form) | Joseph Wilson |
| 2017-03-06 | Reply to the bill of costs, (proof of service missing - received 2017-03-14), Completed on: 2017-03-14 | Joseph Wilson |
| 2017-03-02 | Response to motion to extend time, (Book Form), (Included in the response to the motion for a re-hearing of the appeal), Completed on: 2017-03-02, (Electronic version filed on 2017-03-02) | Atomic Energy of Canada Limited |
| 2017-03-02 | Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2017-03-02, (Electronic version filed on 2017-03-02) | Atomic Energy of Canada Limited |
| 2017-02-27 | Response to the bill of costs, (Letter Form), Completed on: 2017-02-27 | Atomic Energy of Canada Limited |
| 2017-02-23 | Correspondence received from, (Letter Form), Marie-France Major (by email). Jason Hanson, David Rankin and Allison Di Cesare are now counsel for the respondent. | Atomic Energy of Canada Limited |
| 2017-02-17 | Correspondence received from, counsel for the appellant. Mr. Michael Sobkin is now acting as agent for the appellant. | Joseph Wilson |
| 2017-02-17 | Bill of costs, (re-submitted on April 26, 2017), Completed on: 2017-02-17 | Joseph Wilson |
| 2017-02-17 | Motion to extend time, (Book Form), (Included in the motion for a re-hearing of the appeal), to file and serve the motion for re-hearing, Completed on: 2017-02-17 | Joseph Wilson |
| 2017-02-17 | Motion for a re-hearing of the appeal, (Book Form), on the issue of costs, Completed on: 2017-02-17 | Joseph Wilson |
| 2016-07-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-07-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-07-14 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Federal Court of Appeal, Number A-312-13, 2015 FCA 17, dated January 22, 2015, heard on January 19, 2016, is allowed with costs throughout. The decision of the Adjudicator is restored. Moldaver, Côté and Brown JJ. are dissenting. Allowed, with costs |
|
| 2016-02-03 | Transcript received, (118 pages) | |
| 2016-01-19 | Judgment reserved OR rendered with reasons to follow | |
| 2016-01-19 | Intervener's condensed book, Submitted in Court (14 copies) | Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers |
| 2016-01-19 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian Labour Congress |
| 2016-01-19 | Respondent's condensed book, Submitted in Court (14 copies) | Atomic Energy of Canada Limited |
| 2016-01-19 | Appellant's condensed book, Submitted in Court (14 copies) | Joseph Wilson |
| 2016-01-19 |
Hearing of the appeal, 2016-01-19, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-01-15 | Correspondence received from, James LeNoury dated 2016-01-15. Re: Error at tab 41 of the appellant's book of authorities | Joseph Wilson |
| 2016-01-13 | Correspondence received from, 2 reserved seats requested | Canadian Labour Congress |
| 2016-01-13 | Notice of appearance, Steven Barrett and Louis Century will be present at the hearing. | Canadian Labour Congress |
| 2016-01-13 | Notice of appearance, Christopher Pigott and Christina Hall will be present at the hearing. | Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers |
| 2016-01-08 | Correspondence received from, 9 reserved seats requested | Atomic Energy of Canada Limited |
| 2016-01-08 | Notice of appearance, Stacey Reginald Ball and Anne Marie Frauts will be present at the hearing. | Canadian Association for Non-Organized Employees |
| 2016-01-05 |
Order by, Br, FURTHER TO THE ORDER dated December 4, 2015, granting leave to intervene to the Canadian Labour Congress, the Canadian Association for Non-Organized Employees and the Federally Regulated Employers - Transportation and Communications and the Canadian Association of Counsel to Employers (joint); IT IS HEREBY ORDERED THAT: The three (3) interveners or groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2016-01-05 | Correspondence received from, 9 reserved seats requested | Joseph Wilson |
| 2016-01-05 | Notice of appearance, Jame LeNoury, Avi Sirlin and Reagan Ruslim will be present at the hearing. | Joseph Wilson |
| 2016-01-05 | Notice of appearance, Ronald Snyder and Eugene Derényi will be present at the hearing. | Atomic Energy of Canada Limited |
| 2016-01-05 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-01-05 | Canadian Labour Congress |
| 2016-01-05 | Intervener's factum, (Book Form), Completed on: 2016-01-05 | Canadian Labour Congress |
| 2016-01-05 | Intervener's book of authorities, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-05) | Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers |
| 2016-01-05 | Intervener's factum, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-05) | Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers |
| 2016-01-04 | Correspondence received from, 1 reserved seat requested | Canadian Labour Congress |
| 2016-01-04 | Correspondence received from, James LeNoury dated 2016-01-04. Re: Three minor errors in the factum | Joseph Wilson |
| 2015-12-21 | Intervener's book of authorities, Completed on: 2015-12-21 | Canadian Association for Non-Organized Employees |
| 2015-12-21 | Intervener's factum, Completed on: 2015-12-21 | Canadian Association for Non-Organized Employees |
| 2015-12-18 | Appeal perfected for hearing | |
| 2015-12-16 | Correspondence received from, Marie-France Major dated 2015-12-16. Re: Corrections to the book of authorities and the factum (Sent to the Court on 2015-12-21) | Atomic Energy of Canada Limited |
| 2015-12-11 | Respondent's book of authorities, (Book Form), Completed on: 2015-12-11, (Electronic version filed on 2015-12-11) | Atomic Energy of Canada Limited |
| 2015-12-11 | Respondent's factum, Page 3 was replaced on 2015-12-21, Completed on: 2015-12-11, (Electronic version filed on 2015-12-11) | Atomic Energy of Canada Limited |
| 2015-12-04 | Order on motion for leave to intervene, by Justice Brown | |
| 2015-12-04 |
Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Canadian Labour Congress, the Canadian Association for Non-Organized Employees and the Federally Regulated Employers - Transportation and Communications and the Canadian Association of Counsel to Employers (joint); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Labour Congress, the Canadian Association for Non-Organized Employees and the Federally Regulated Employers - Transportation and Communications and the Canadian Association of Counsel to Employers (joint) are granted and the said interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length in this appeal on or before January 5, 2016. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. The request by Atomic Energy of Canada Limited to serve and file a factum in reply to the interveners’ factums is dismissed. Granted |
|
| 2015-12-04 | Submission of motion for leave to intervene, Br | |
| 2015-12-04 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-04 | Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers |
| 2015-11-30 | Response to the motion for leave to intervene, (Book Form), Response to FETCO/CACE, Completed on: 2015-11-30 | Joseph Wilson |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 |
Appeal hearing scheduled, 2016-01-19 Judgment reserved |
|
| 2015-11-24 | Response to the motion for leave to intervene, (Letter Form), from AECL re: motion to intervene from FETCO/CACE, Completed on: 2015-11-30, (Electronic version filed on 2015-12-03) | Atomic Energy of Canada Limited |
| 2015-11-20 | Motion for leave to intervene, Completed on: 2015-11-20 | Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers |
| 2015-11-19 | Reply to the motion for leave to intervene, Completed on: 2015-11-19 | Canadian Association for Non-Organized Employees |
| 2015-11-18 | Reply to the motion for leave to intervene, Reply to the respondents response, Completed on: 2015-11-18 | Canadian Labour Congress |
| 2015-11-17 | Response to the motion for leave to intervene, Completed on: 2015-11-17 | Joseph Wilson |
| 2015-11-16 | Response to the motion for leave to intervene, Response to Canadian Association for Non-Organized Employees, Completed on: 2015-11-16 | Atomic Energy of Canada Limited |
| 2015-11-16 | Response to the motion for leave to intervene, Response to Canadian Labour Congress, Completed on: 2015-11-16 | Atomic Energy of Canada Limited |
| 2015-11-06 | Motion for leave to intervene, (Book Form), Completed on: 2015-11-06, (Electronic version filed on 2015-11-06) | Canadian Labour Congress |
| 2015-11-06 | Motion for leave to intervene, (Book Form), Completed on: 2015-11-06, (Electronic version filed on 2015-11-06) | Canadian Association for Non-Organized Employees |
| 2015-10-23 | Certificate of counsel (attesting to record) | Joseph Wilson |
| 2015-10-23 | Appellant's book of authorities, (2 volumes), Completed on: 2015-10-23 | Joseph Wilson |
| 2015-10-23 | Appellant's record, Completed on: 2015-10-23 | Joseph Wilson |
| 2015-10-23 | Appellant's factum, Completed on: 2015-10-23 | Joseph Wilson |
| 2015-10-06 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-08-28 | Notice of appeal, Completed on: 2015-08-28 | Joseph Wilson |
| 2015-07-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-07-10 | Judgment on leave sent to the parties | |
| 2015-07-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-312-13, 2015 FCA 17, dated January 22, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2015-06-15 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-05-04 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-05-04 | Joseph Wilson |
| 2015-04-22 | Notice of name | Atomic Energy of Canada Limited |
| 2015-04-22 | Certificate (on limitations to public access) | Atomic Energy of Canada Limited |
| 2015-04-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-04-22 | Atomic Energy of Canada Limited |
| 2015-03-24 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED MARCH 24, 2015 | |
| 2015-03-23 | Book of authorities, (Book Form) | Joseph Wilson |
| 2015-03-23 | Certificate (on limitations to public access) | Joseph Wilson |
| 2015-03-23 | Application for leave to appeal, (Book Form), 2 volumes, Completed on: 2015-03-23 | Joseph Wilson |
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 |
|---|---|---|
| Wilson, Joseph | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Atomic Energy of Canada Limited | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Labour Congress | Intervener | Active |
| Canadian Association for Non-Organized Employees | Intervener | Active |
| Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers | Intervener | Active |
Counsel
Party: Wilson, Joseph
Counsel
Avi Sirlin
Reagan Ruslim
199 Bay Street
Suite 4410
Toronto, Ontario
M5L 1G9
Telephone: (416) 926-1107
FAX: (416) 926-1108
Email: jalenoury@lenourylaw.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Atomic Energy of Canada Limited
Counsel
116 Albert Street
Suite 701
Ottawa, Ontario
K1P 5G3
Telephone: (613) 842-7440
FAX: (613) 842-7445
Email: rsnyder@foglers.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Association for Non-Organized Employees
Counsel
Anne Marie Frauts
82 Scollard Street
Toronto, Ontario
M5R 1G2
Telephone: (416) 921-7997 Ext: 225
FAX: (416) 640-1756
Email: srball@82scollard.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Canadian Labour Congress
Counsel
Louis Century
20 Dundas Street West, Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6422
FAX: (416) 591-7333
Email: sbarrett@goldblattpartners.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Federally Regulated Employers - Transportation and Communications and Canadian Association of Counsel to Employers
Counsel
Christopher D. Pigott
Christina E. Hall
333 Bay Street, Suite 2400
Bay Adelaide Centre
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-4466
FAX: (416) 364-7813
Email: bburkett@fasken.com
Agent
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.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.
Employment law - Unjust dismissal - Administrative law - Standard of review - Respondent dismissing appellant without cause and paying him severance pay - Appellant complaining under Canada Labour Code, R.S.C. 1985, c. L-2 that he was “unjustly dismissed” - Application for judicial review of adjudicator’s decision, finding appellant’s dismissal was unjust, allowed - Appeal at Federal Court of Appeal dismissed - Whether presumptive standard of review for administrative decision-makers interpreting their home statute shifting from reasonableness to correctness in this case - Whether concerns over consistent statutory interpretation trump fundamental principles of administrative deference where matter is squarely within jurisdiction of administrative decision-maker - Whether Code’s unjust dismissal provisions alter common law rule entitling employers to lawfully dismiss employees without cause - If so, whether “unjust dismissal” means dismissal without just cause.
Atomic Energy of Canada Limited dismissed Mr. Wilson without cause and paid him severance pay. He complained under s. 240 of the Canada Labour Code, R.S.C. 1985, c. L-2 that he was “unjustly dismissed.” The labour adjudicator accepted Mr. Wilson’s submission and concluded the appellant, dismissed without cause, had made out his complaint of unjust dismissal under the Code. The Federal Court allowed the application for judicial review and remitted the matter back to the adjudicator for decision. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court
T-1531-12, 2013 FC 733
Application for judicial review allowed; matter returned to adjudicator to determine appropriate remedy.
Federal Court of Appeal
A-312-13, 2015 FCA 17
Appeal 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.
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