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Case information

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37787

Canada Post Corporation v. Canadian Union of Postal Workers

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2020-02-06 Appeal closed
2019-12-23 Formal judgment sent to the registrar of the court of appeal and all parties
2019-12-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-12-20 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Federal Court of Appeal, Number A-94-16, 2017 FCA 153, dated July 13, 2017, heard on December 10, 2018, is allowed with costs throughout. The Appeals Officer’s order rescinding the contravention of s. 125(1)(z.12) of the Canada Labour Code, R.S.C. 1985, c. L-2, directed by the Health and Safety Officer is restored. Abella and Martin JJ. dissent.
Allowed, costs in this Court and courts below
2018-12-27 Transcript received, 139 pages
2018-12-10 Judgment reserved OR rendered with reasons to follow
2018-12-10 Hearing of the appeal, 2018-12-10, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-12-10 Intervener's condensed book, (Book Form), 14 copies submitted in court room Attorney General of Canada
2018-12-10 Respondent's condensed book, (Book Form), 14 copies submitted in court room Canadian Union of Postal Workers
2018-12-10 Appellant's condensed book, (Book Form), 14 copies submitted in court room Canada Post Corporation
2018-11-27 Notice of appearance, Ms. Amanda Pask, Adrienne Telford and Paul J.J. Cavalluzzo will be appearing. Mr. Cavalluzzo will present the oral arguments. Canadian Union of Postal Workers
2018-11-26 Notice of appearance, Craig Bavis will be appearing and will present the oral argument. International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-11-26 Notice of appearance, Sheila Block, John Terry and Jonathan Silver will be appearing. Ms. Block and Mr Terry will present the oral argument. Request 2 reserved seats. Canada Post Corporation
2018-11-23 Notice of appearance, Mr. Michael Hines, Ms. Lauri Reesor and Mr. Gregory Power will be appearing. Mr. Hines will present oral arguments. Request 3 reserved seats. DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-11-23 Notice of appearance, Mr. Stéphane Fillion and Mr. Michael Adams will be appearing. Mr. Fillion will present oral arguments. Request 2 reserved seats. Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association
2018-11-23 Notice of appearance, Mr. Christopher D. Pigott and Ms. Rachel Youman will be appearing. Mr. Pigott will present oral arguments. Request 2 reserved seats. FETCO Inc. (Federally Regulated Employers – Transportation and Communications)
2018-11-23 Notice of appearance, Mr. John Bartolomeo, Ms. Jennier Chen and Doug Letto will be appearing. Mr. Bartolomeo will present oral arguments. Workers' Health and Safety Legal Clinic
2018-11-22 Notice of appearance, Ms. Maryse Tremblay will be appearing and will present oral arguments. Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc.
2018-11-22 Notice of appearance, Ms. Catherine A. Lawrence and Ms. Zoe Oxaal will be appearing. Ms. Lawrence will present oral arguments. Attorney General of Canada
2018-11-22 Notice of appearance, Mr. Brian Smeenk will be appearing and will present oral arguments. Rogers Communications Inc.
2018-11-21 Notice of appearance, Peter Engelmann and Colleen Bauman will be appearing. Mr. Engelmann will present oral arguments. Request 4 reserved seats. Canadian Union of Public Employees and Professional Institute of the Public Service of Canada
2018-10-18 Correspondence received from, (Letter Form), Error on page 2 of the factum (counsel information). Replacements provided. International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-10-12 Intervener's book of authorities, (Book Form), Completed on: 2018-10-12 Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association
2018-10-12 Intervener's factum, (Book Form), Completed on: 2018-10-12 Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association
2018-10-12 Intervener's book of authorities, (Book Form), Completed on: 2018-10-12 Canadian Union of Public Employees and Professional Institute of the Public Service of Canada
2018-10-12 Intervener's factum, (Book Form), Completed on: 2018-10-12 Canadian Union of Public Employees and Professional Institute of the Public Service of Canada
2018-10-12 Intervener's factum, (Book Form), Page 2 of the factum (counsel information) replaced on October 18, 2018, Completed on: 2018-10-12 International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-10-12 Intervener's book of authorities, (Book Form), Completed on: 2018-10-12 Attorney General of Canada
2018-10-12 Intervener's factum, (Book Form), Completed on: 2018-10-12 Attorney General of Canada
2018-10-12 Notice of change of counsel, (Letter Form), Ben Grant will take over from Owen Rees as agent for the respondent. Canadian Union of Postal Workers
2018-10-12 Intervener's book of authorities, (Book Form), Completed on: 2018-10-12 FETCO Inc. (Federally Regulated Employers – Transportation and Communications)
2018-10-12 Intervener's factum, (Book Form), Completed on: 2018-10-12 FETCO Inc. (Federally Regulated Employers – Transportation and Communications)
2018-10-12 Intervener's book of authorities, (Book Form), Completed on: 2018-10-12 Rogers Communications Inc.
2018-10-12 Intervener's factum, (Book Form), Completed on: 2018-10-12 Rogers Communications Inc.
2018-10-12 Intervener's factum, (Book Form), Completed on: 2018-10-12 DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-10-11 Intervener's factum, (Book Form), Completed on: 2018-10-11 Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc.
2018-10-11 Intervener's book of authorities, (Book Form), Completed on: 2018-10-11 Workers' Health and Safety Legal Clinic
2018-10-11 Intervener's factum, (Book Form), Completed on: 2018-10-11 Workers' Health and Safety Legal Clinic
2018-10-05 Notice of change of counsel, (Letter Form), Brian Smeenk is now counsel for the Intervener, and Sophie Arseneault will act as agent. Rogers Communications Inc.
2018-09-05 Appeal perfected for hearing
2018-08-31 Certificate of counsel (attesting to record), (Letter Form) Canadian Union of Postal Workers
2018-08-31 Respondent's book of authorities, (Book Form), Completed on: 2018-08-31 Canadian Union of Postal Workers
2018-08-31 Respondent's record, (Book Form), Completed on: 2018-08-31 Canadian Union of Postal Workers
2018-08-31 Respondent's factum, (Book Form), Completed on: 2018-08-31 Canadian Union of Postal Workers
2018-08-31 Order on motion to extend time, (by BROWN J.)
2018-08-31 Order on motion for leave to intervene, (by BROWN J.)
2018-08-31 Decision on motion to extend time, Br,
See order on motions for leave to intervene.
Granted
2018-08-31 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Canada; DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd. (jointly); FETCO Inc. (Federally Regulated Employers — Transportation and Communications); the Canadian Union of Public Employees and the Professional Institute of the Public Service of Canada (jointly); the Workers’ Health and Safety Legal Clinic; Rogers Communications Inc.; the Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc. (jointly); the Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association (jointly); the International Longshore and Warehouse Union Canada, the International Longshoremen’s Association, Local 269, Local 1341, Local 1657, Local 1825 and the Canadian Union of Public Employees, Local 375 (jointly) for leave to intervene in the above appeal;
AND UPON APPLICATION by the International Longshore and Warehouse Union Canada, the International Longshoremen’s Association, Local 269, Local 1341, Local 1657, Local 1825 and the Canadian Union of Public Employees, Local 375 (jointly) for an extension of time to serve and file a motion for leave to intervene;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to serve and file a motion for leave to intervene is granted.
The motions for leave to intervene are granted and the said nine (9) interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before October 12, 2018.
DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd. (jointly); FETCO Inc. (Federally Regulated Employers — Transportation and Communications); the Canadian Union of Public Employees and the Professional Institute of the Public Service of Canada (jointly); the Workers’ Health and Safety Legal Clinic; Rogers Communications Inc.; the Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc. (jointly); the Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association (jointly); the International Longshore and Warehouse Union Canada, the International Longshoremen’s Association, Local 269, Local 1341, Local 1657, Local 1825 and the Canadian Union of Public Employees, Local 375 (jointly) are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The Attorney General of Canada is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
The appellant’s request to serve and file a factum in reply to the interveners’ factum is denied.
The interveners or groups of 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 or groups of interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions.
Granted
2018-08-31 Submission of motion to extend time, Br
2018-08-31 Submission of motion for leave to intervene, Br
2018-08-29 Notice of hearing sent to parties
2018-08-23 Correspondence received from, (Letter Form), Updated address information. International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-08-22 Response to the motion for leave to intervene, (Letter Form), to the intervention by International Longshore and Warehouse Union Canada, et al. , Completed on: 2018-08-22 Canada Post Corporation
2018-08-20 Appeal hearing scheduled, 2018-12-10, (previously November 14, 2018 and December 6)
Judgment reserved
2018-08-17 Response to the motion for leave to intervene, original copy filed on August 24, 2018, Completed on: 2018-08-17 Canada Post Corporation
2018-08-16 Notice of name, (Letter Form) International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-08-16 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2018-08-16 International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-08-16 Motion for leave to intervene, (Book Form), Completed on: 2018-08-16 International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375
2018-08-16 Reply to the motion for leave to intervene, (Letter Form), in Reply to the Respondent., Completed on: 2018-08-16 Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association
2018-08-16 Reply to the motion for leave to intervene, (Letter Form), in reply to the Respondent.
, Completed on: 2018-08-16 		FETCO Inc. (Federally Regulated Employers – Transportation and Communications)
2018-08-16 Reply to the motion for leave to intervene, (Letter Form), in reply to the Respondent.
, Completed on: 2018-08-16 		DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-16 Reply to the motion for leave to intervene, (Letter Form), in reply to the Respondent. - Original copy filed on Aug.21/2018., Completed on: 2018-08-16 Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc.
2018-08-16 Reply to the motion for leave to intervene, (Letter Form), in reply to the Respondent., Completed on: 2018-08-16 Rogers Communications Inc.
2018-08-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-08-10 Canadian Union of Postal Workers
2018-08-07 Notice of name, (Letter Form) Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association
2018-08-07 Motion for leave to intervene, (Book Form), (3 volumes), Completed on: 2018-08-07 Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association
2018-08-07 Notice of name, (Letter Form) Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc.
2018-08-07 Motion for leave to intervene, (Book Form), Completed on: 2018-08-07 Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc.
2018-08-07 Motion for leave to intervene, (Book Form), Completed on: 2018-08-07 Attorney General of Canada
2018-08-07 Notice of name, (Letter Form) Rogers Communications Inc.
2018-08-07 Motion for leave to intervene, (Book Form), Payment missing-rec'd 2018/08/08, Completed on: 2018-08-08 Rogers Communications Inc.
2018-08-03 Notice of name, (Letter Form) Canadian Union of Public Employees and Professional Institute of the Public Service of Canada
2018-08-03 Motion for leave to intervene, (Book Form), Completed on: 2018-08-20 Canadian Union of Public Employees and Professional Institute of the Public Service of Canada
2018-08-03 Notice of name, (Letter Form) FETCO Inc. (Federally Regulated Employers – Transportation and Communications)
2018-08-03 Motion for leave to intervene, (Book Form), Completed on: 2018-08-03 FETCO Inc. (Federally Regulated Employers – Transportation and Communications)
2018-08-02 Notice of name, (Letter Form) Workers' Health and Safety Legal Clinic
2018-08-02 Motion for leave to intervene, (Book Form), Completed on: 2018-08-02 Workers' Health and Safety Legal Clinic
2018-08-02 Intervener's book of authorities, (Book Form), DHL's BOA on motion for leave to intervene., Completed on: 2018-08-02 DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-02 Notice of name, (Letter Form) DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-02 Notice of name, (Letter Form) DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-02 Notice of name, (Letter Form) DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-02 Notice of name, (Letter Form) DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-02 Notice of name, (Letter Form) DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-08-02 Motion for leave to intervene, (Book Form), Completed on: 2018-08-02 DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.
2018-07-09 Appellant's record, (Book Form), (3 volumes), Completed on: 2018-07-09 Canada Post Corporation
2018-07-09 Certificate of counsel (attesting to record), (Letter Form) Canada Post Corporation
2018-07-09 Appellant's factum, (Book Form), Completed on: 2018-07-09 Canada Post Corporation
2018-05-14 Notice of appeal, (Letter Form), Completed on: 2018-05-14 Canada Post Corporation
2018-05-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (revised letter- new date)
2018-04-23 Correspondence received from, (Letter Form), Request to change tentative hearing date. Canadian Union of Postal Workers
2018-04-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-04-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-04-13 Judgment on leave sent to the parties
2018-04-12 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-94-16, 2017 FCA 153, dated July 13, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2018-03-05 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-11-06 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-11-06 Canada Post Corporation
2017-10-27 Certificate (on limitations to public access), (Letter Form) Canadian Union of Postal Workers
2017-10-27 Notice of name, (Letter Form) Canadian Union of Postal Workers
2017-10-27 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-11-07 Canadian Union of Postal Workers
2017-10-06 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-10-06
2017-09-29 Certificate (on limitations to public access), 23-A Canada Post Corporation
2017-09-29 Notice of name Canada Post Corporation
2017-09-29 Application for leave to appeal, (Book Form), Completed on: 2017-10-13 Canada Post Corporation

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

Main parties - Appellants
Name Role Status
Canada Post Corporation Appellant Active

v.

Main parties - Respondents
Name Role Status
Canadian Union of Postal Workers Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd. Intervener Active
FETCO Inc. (Federally Regulated Employers – Transportation and Communications) Intervener Active
Canadian Union of Public Employees and Professional Institute of the Public Service of Canada Intervener Active
Workers' Health and Safety Legal Clinic Intervener Active
Rogers Communications Inc. Intervener Active
Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc. Intervener Active
Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association Intervener Active
International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375 Intervener Active

Counsel

Party: Canada Post Corporation

Counsel
John Terry
Aria Laskin
Sheila Block
Jonathan Silver
Torys LLP
Suite 3000, Maritime Life Tower
P. O. Box 270, Toronto-Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: jterry@torys.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Canadian Union of Postal Workers

Counsel
Paul J.J. Cavalluzzo
David Taylor
Cavalluzzo Shilton McIntyre Cornish LLP
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Agent
Benjamin L. Grant
Conway Baxter Wilson LLP
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: bgrant@conway.pro

Party: FETCO Inc. (Federally Regulated Employers – Transportation and Communications)

Counsel
Christopher Pigott
Rachel Younan
Fasken Martineau DuMoulin LLP
Bay Adelaide Centre, Box 20
333 Bay St., Suite 2400
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-5475
FAX: (416) 364-7813
Email: cpigott@fasken.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: DHL Express (Canada), Ltd., Federal Express Canada Corporation, Purolator Inc., TFI International Inc. and United Parcel Service Canada Ltd.

Counsel
Michael A. Hines
Lauri A. Reesor
Gregory J. Power
Hicks Morley LLP
30th Floor, Toronto Dominion Tower
Box 371 TD Centre
Toronto, Ontario
M5K 1K8
Telephone: (416) 864-7248
FAX: (416) 362-9680
Agent
George G. Vuicic
Hicks Morley LLP
150 Metcalfe Street, Suite 200
Box 371, T-D Centre
Ottawa, Ontario
K2P 1P1
Telephone: (613) 234-0386
FAX: (613) 234-0418
Email: george-vuicic@hicksmorley.com

Party: Canadian Union of Public Employees and Professional Institute of the Public Service of Canada

Counsel
Peter C. Engelmann
Goldblatt Partners LLP
500-30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: pengelmann@goldblattpartners.com
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Party: Workers' Health and Safety Legal Clinic

Counsel
John Bartolomeo
Jennifer Chan
Doug Letto
Workers' Health and Safety Legal Clinic
2000 - 180 Dundas Street West
Box 4
Toronto, Ontario
M5G 1Z8
Telephone: (416) 971-8832 Ext: 202
FAX: (416) 971-8834
Email: bartolj@lao.on.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Rogers Communications Inc.

Counsel
Brian Smeenk
Fasken Martineau DuMoulin LLP
Bay Adelaide Centre
333 Bay Street, Suite 2400, P.O. Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 868-3438
FAX: (416) 364-7813
Email: bsmeenk@fasken.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Attorney General of Canada

Counsel
Catherine Lawrence
Zoe Oxaal
Department of Justice Canada
50 O'Connor Street Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6258
Email: catherine.lawrence@justice.gc.ca
Agent
Christopher Rupar
Department of Justice
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Canadian Broadcasting Corporation, Bell Canada, Bell Technical Solutions Inc. and Bell Media Inc.

Counsel
Maryse Tremblay
Mark Phillips
Soudeh Alikhani
Borden Ladner Gervais LLP
1000 De La Gauchètiere Street West
Suite 900
Montreal, Quebec
H3B 5H4
Telephone: (514) 954-2648
FAX: (514) 954-1905
Email: mtremblay@blg.com
Agent
Karen Perron
Borden Ladner Gervais LLP
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com

Party: Maritime Employers Association, the Halifax Employers Association and the British Columbia Maritime Employers Association

Counsel
Stéphane Fillion
Michael Adams
Fasken Martineau DuMoulin LLP
Suite 3700
800 Victoria Square
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-4309
FAX: (514) 397-7600
Email: sfillion@fasken.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: International Longshore and Warehouse Union Canada; International Longshoremen's Association, Local 269, Local 1341, Local 1657, Local 1825; and Canadian Union of Public Employees, Local 375

Counsel
Craig D. Bavis
Ronald Pink, Q.C.
Bettina Quistgaard
Victory Square Law Office
710-777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 684-8421
FAX: (604) 684-8427
Email: cbavis@vslo.ca
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Summary

Keywords

Administrative law - Judicial review - Labour law - Annual inspections - Work place - Postal workers - Points of call and lines of route - Whether the appeals officer reasonably concluded that the inspection obligation under s. 125(1)(z.12) applies only where the employer has physical control over the work place?

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.

In 2012, an employee member of the local joint health and safety committee, represented by the Canadian Union of Postal Workers, filed a complaint alleging that only the Canada Post building in Burlington was being inspected, whereas the letter carrier routes should also be inspected. Following an investigation of the complaint, a Health and Safety Officer issued a direction citing four contraventions of the Canada Labour Code, R.S.C. 1985, c. L-2. One of them remains relevant: the Officer was of the opinion that, by restricting its inspections to the physical building in Burlington, Canada Post had failed to ensure that the workplace health and safety committee had inspected the entirety of the work place annually, thereby contravening s. 125(1)(z.12) of the Code. Canada Post appealed that decision to the Occupational Health and Safety Tribunal.

The Appeals Officer varied the Health and Safety Officer’s decision and rescinded the contravention of s. 125(1)(z.12), finding that the inspection obligation did not “apply to any place where a letter carrier is engaged in work outside of the physical building”: para. 99. The “work place” included all points of call and lines of route, but control over the work place is required in order to fulfil the obligations imposed by s. 125(1)(z.12). Since the employer has no control over the points of call or the lines of route, it could not comply with those obligations.

The Union sought judicial review of the Appeals Officer’s decision. The Federal Court found that the Appeals Officer’s decision was reasonable, but the Federal Court of Appeal allowed the Union’s appeal.

Lower court rulings

February 26, 2016
Federal Court

T-2574-14 / 2016 FC 252

Application for judicial review of decision of Occupational Health and Safety Tribunal Canada’s Appeal Officer dismissed
July 13, 2017
Federal Court of Appeal

A-94-16, 2017 FCA 153

Appeal allowed; judgment of Federal Court set aside; application for judicial review of Appeals Officer’s decision allowed; Health and Safety Officer’s direction in regard to contravention number 1 reinstated

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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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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Date modified: 2025-02-27