Case information
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37617
International Brotherhood of Electrical Workers (IBEW) Local 773, et al. v. Pamela Lawrence
(Ontario) (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) |
|---|---|---|
| 2018-04-11 | Appeal closed | |
| 2018-04-11 | Transcript received, 104 pages | |
| 2018-03-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-03-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-03-20 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C62621, 2017 ONCA 321, dated April 20, 2017, was heard on March 20, 2018, and the Court on that day delivered the following judgment orally: Brown J. — A majority of the Court dismisses the appeal, substantially for the reasons set out in paras. 16, 27 and 28 of Justice Sharpe at the Court of Appeal. Justice Abella, dissenting, would have allowed the appeal for the reasons of Justice Hourigan. The appeal is dismissed with costs. Dismissed, with costs |
|
| 2018-03-20 |
Hearing of the appeal, 2018-03-20, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment rendered |
|
| 2018-03-20 | Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) | Pamela Lawrence |
| 2018-03-20 | Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-03-08 | Appellant's book of authorities, (Book Form), Supplementary book of authority of the Appellants, Completed on: 2018-03-08 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-03-08 | Reply factum on appeal, (Book Form), Completed on: 2018-03-12 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-03-08 | Intervener's book of authorities, (Book Form), Completed on: 2018-03-08 | Provincial Building and Construction Trades Council of Ontario |
| 2018-03-08 | Intervener's factum, (Book Form), Completed on: 2018-03-08 | Provincial Building and Construction Trades Council of Ontario |
| 2018-03-06 |
Notice of appearance, (Letter Form), Douglas J. Wray and Jesse Kugker will be appearing. M. Wray will present oral argument. |
Provincial Building and Construction Trades Council of Ontario |
| 2018-03-06 |
Notice of appearance, (Letter Form), Dan J. Shields and Brandin O'Connor will be appearing. M.Shields will present oral argument. |
International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-03-01 | Notice of appearance, (Letter Form), Tim Gleason, Sean Dewart and Adrienne Lei will be appearing. Mr Gleason and Mr. Dewart will present oral argument. | Pamela Lawrence |
| 2018-02-27 | Appeal perfected for hearing | |
| 2018-02-22 | Certificate of counsel (attesting to record), (Letter Form) | Pamela Lawrence |
| 2018-02-22 | Respondent's book of authorities, (Book Form), Completed on: 2018-02-22 | Pamela Lawrence |
| 2018-02-22 | Respondent's record, (Book Form), (2 volumes), Completed on: 2018-02-22 | Pamela Lawrence |
| 2018-02-22 | Respondent's factum, (Book Form), Completed on: 2018-02-22 | Pamela Lawrence |
| 2018-02-15 | Order on motion for leave to intervene, (by Justice Karakatsanis) | |
| 2018-02-15 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Provincial Building and Construction Trades Council of Ontario 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 is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before March 8, 2018. The said intervener is granted permission to present oral argument not exceeding five (5) 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. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention. Granted |
|
| 2018-02-15 | Submission of motion for leave to intervene, Ka | |
| 2018-02-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-09 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-02-01 | Notice of name, (Letter Form) | Provincial Building and Construction Trades Council of Ontario |
| 2018-02-01 | Motion for leave to intervene, (Book Form), Completed on: 2018-02-01 | Provincial Building and Construction Trades Council of Ontario |
| 2018-01-05 | Certificate of counsel (attesting to record), (Letter Form) | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-01-05 | Appellant's book of authorities, (Book Form), Completed on: 2018-01-05 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-01-05 | Appellant's record, (Book Form), Completed on: 2018-01-05 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2018-01-05 | Appellant's factum, (Book Form), Completed on: 2018-01-05 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-03-20 Judgment rendered |
|
| 2017-11-20 | Notice of appeal, Completed on: 2017-11-20 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2017-11-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (abridged deadlines) | |
| 2017-10-25 | Notice of change of counsel, (Letter Form), Mr. Tim Gleason will now represent the respondent. | Pamela Lawrence |
| 2017-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-10-20 | Judgment on leave sent to the parties | |
| 2017-10-19 |
Judgment of the Court on the application for leave to appeal, The time to serve and file the motion for leave to intervene in the application for leave to appeal is extended to August 14, 2017. The motion for leave to intervene in the application for leave to appeal is dismissed without prejudice to the right of the Provincial Building and Construction Trades Council of Ontario to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62621, 2017 ONCA 321, dated April 20, 2017, is granted. Granted |
|
| 2017-10-19 |
Decision on motion for leave to intervene, See decision on application Dismissed |
|
| 2017-09-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-09-05 | Submission of motion for leave to intervene, for consideration by the Court | |
| 2017-08-28 | Reply to the motion for leave to intervene., (Letter Form), Completed on: 2017-08-28 | Provincial Building and Construction Trades Council of Ontario |
| 2017-08-24 | Correspondence received from, (Letter Form), Robert J. Reynolds (by email). Email regarding the motion for leave to intervene. | Pamela Lawrence |
| 2017-08-23 | Response to the motion for leave to intervene, (Book Form), 4 copies missing (received 2017-08-25)., Completed on: 2017-08-25 | Pamela Lawrence |
| 2017-08-14 | Notice of name, (Letter Form) | Provincial Building and Construction Trades Council of Ontario |
| 2017-08-14 | Motion for leave to intervene, (Book Form), Completed on: 2017-08-14 | Provincial Building and Construction Trades Council of Ontario |
| 2017-06-26 | Certificate (on limitations to public access), (Letter Form) | Pamela Lawrence |
| 2017-06-26 | Respondent's response on the application for leave to appeal, (Book Form), 1 copy missing (received 2017-06-28)., Completed on: 2017-06-26 | Pamela Lawrence |
| 2017-06-15 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-06-15) | |
| 2017-06-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-06-14) | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2017-06-08 | Notice of name, (Letter Form), (Electronic version file on 2017-06-14) | International Brotherhood of Electrical Workers (IBEW) Local 773 |
| 2017-06-08 | Application for leave to appeal, (Book Form), (Electronic version filed on 2017-06-14), Completed on: 2017-06-08 | International Brotherhood of Electrical Workers (IBEW) Local 773 |
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 |
|---|---|---|
| International Brotherhood of Electrical Workers (IBEW) Local 773 | Appellant | Active |
| Karl Lovett, Ken Gelinas, Jeff McPherson, Mark Stobbs, Sean Bristow, Robert Duby, Norm Ball, and Fred Bloomfield | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lawrence, Pamela | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Provincial Building and Construction Trades Council of Ontario | Intervener | Active |
Counsel
Party: International Brotherhood of Electrical Workers (IBEW) Local 773
Counsel
Brandin O'Connor
65 Queen St. W.
18th floor
Toronto, Ontario
M5H 2M5
Telephone: (416) 304-6403
FAX: (416) 304-6406
Email: dshields@somlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Karl Lovett, Ken Gelinas, Jeff McPherson, Mark Stobbs, Sean Bristow, Robert Duby, Norm Ball, and Fred Bloomfield
Counsel
Brandin O'Connor
65 Queen St. W.
18th floor
Toronto, Ontario
M5H 2M5
Telephone: (416) 304-6403
FAX: (416) 304-6406
Email: dshields@somlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Lawrence, Pamela
Counsel
Sean Dewart
Adrienne Lei
366 Adelaide Street West
Suite 102
Toronto, Ontario
M5V 1R9
Telephone: (416) 971-8000
FAX: (416) 971-8001
Email: tgleason@dgllp.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Provincial Building and Construction Trades Council of Ontario
Counsel
Jesse Kugler
65 Queen Street West
Suite 1600
Toronto, Ontario
M5H 2M5
Telephone: (416) 366-3763
FAX: (416) 366-3293
Email: wrayd@caleywray.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Summary
Keywords
Civil procedure - Parties - Capacity to be sued - Trade unions - Union and directors named as defendants in wrongful dismissal action - After discovery, pre-trial conference and expiry of limitation period, Union moved to dismiss action based on incapacity to be sued - Motion dismissed - Representation order issued - Is the effect of the r. 12.07 Order to add a party after the expiry of the limitation period, or can it be re-characterized as an order under r. 5.04 correcting a misnomer, notwithstanding the Rights of Labour Act?
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.
Having been terminated from her employment with the International Brotherhood of Electrical Workers, Local 773, Ms. Lawrence sought damages for wrongful dismissal, naming Local 773 as a defendant. Although Local 773 pleaded that, as a trade union, it could not be named as a party based on Rights of Labour Act, R.S.O. 1990, c. R.33, s. 3(2), Ms. Lawrence obtained a consent order adding several directors of Local 773 as defendants and amended the statement of claim to plead that they were jointly and severally liable for her claim rather than obtaining a representation order under Rule 12.07 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. The action proceeded normally. Once the limitation period expired, Local 773 and the individual defendants moved under Rule 21 for an order dismissing the action on the ground that Local 773 was not a suable entity and the individual defendants were not personally answerable to the claim.
The motions judge refused to strike the claim as disclosing no reasonable cause of action because the motion had not been brought in a timely manner. Leave to appeal that decision was dismissed. Ms. Lawrence then moved for and was granted a representation order under Rule 12.07 and leave to amend her statement of claim to add the individual applicants as representatives of all members of Local 773. A majority of the Court of Appeal dismissed both Ms. Lawrence’s motion to quash the appeal for want of jurisdiction and the applicants’ appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-13-18905, 2015 ONSC 5817
Motion to strike statement of claim as disclosing no reasonable cause of action dismissed; whether Local 773 has the capacity to be sued to be determined by trial judge on full evidentiary record; request to amend pleadings not appropriate on this motion
Ontario Superior Court of Justice
DC-15-104-ML, 2016 ONSC 497
Motion for leave to appeal order of Campbell J. dismissed
Ontario Superior Court of Justice
13-CV-18905, 2016 ONSC 5129
Representation order granted under Rule 12.07 of the Rules of Court; leave to amend statement of claim to add individual applicants as representatives of Local 773 granted
Court of Appeal for Ontario
C62621, 2017 ONCA 321
Motion to quash appeal dismissed; 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.
Downloadable PDFs
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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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