Federal Court of Appeal Decisions

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Communications, Energy and Paperworkers Union of Canada v. Exploration Production Inc.

Court (s) Database Federal Court of Appeal Decisions
Date 2012-10-11
Neutral citation 2012 FCA 257
File numbers A-194-11

Decision Content

Federal Court of Appeal

Cour d'appel fédérale

 

Date: 20121011

Docket: A-194-11

Citation: 2012 FCA 257

 

CORAM:       NOËL J.A.

                        DAWSON J.A.                     

                        STRATAS J.A.

 

BETWEEN:

COMMUNICATIONS, ENERGY AND

PAPERWORKERS UNION OF CANADA

 

Applicant

and

EXPLORATION PRODUCTION INC., CTV SPECIALTY

TELEVISION ENTERPRISES INC., THE SPORTS NETWORK

 

Respondents

 

 

 

Heard at Toronto, Ontario, on October 11, 2012.

Judgment delivered from the Bench at Toronto, Ontario, on October 11, 2012.

 

REASONS FOR JUDGMENT OF THE COURT BY:                                STRATAS J.A.

 

Federal Court of Appeal

Cour d'appel fédérale

 

Date: 20121011

Docket: A-194-11

Citation: 2012 FCA 257

 

CORAM:       NOËL J.A.

                        DAWSON J.A.                     

                        STRATAS J.A.

 

BETWEEN:

COMMUNICATIONS, ENERGY AND

PAPERWORKERS UNION OF CANADA

 

Applicant

and

EXPLORATION PRODUCTION INC., CTV SPECIALTY

TELEVISION ENTERPRISES INC., THE SPORTS NETWORK

 

Respondents

 

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on October 11, 2012)

 

STRATAS J.A.

[1]               The applicant seeks an order quashing a preliminary ruling dated April 27, 2011 made by the Canada Industrial Relations Board: 2011 CIRB 583. The Board ruled that the labour relations of Exploration Production Inc. do not fall within federal jurisdiction and are not subject to the application of the Canada Labour Code.

 

[2]               In careful and thorough reasons, the Board set out the applicable legal test, made factual findings that were supported on the evidence before it, and applied the legal test to those findings. We have not been persuaded that the Board erred in any way.

 

[3]               In argument before us, the applicant submitted that the Board defined the undertaking improperly. The definition of the undertaking that the applicant now proposes was not raised before the Board or in the applicant’s memorandum before us. In our view, the Board could not have erred by failing to consider an argument that was not put to it.

 

[4]               Therefore, the application for judicial review will be dismissed with costs.

 

 

 

“David Stratas”

J.A.

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

DOCKET:                                                     A-194-11

 

(AN APPLICATION FOR JUDICIAL REVIEW OF A DECISION OF THE CANADA INDUSTRIAL RELATIONS BOARD DATED APRIL 27, 2011, BOARD FILE NOS.:

26436-C, 26437-C.)

 

STYLE OF CAUSE:                                    COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA v.

EXPLORATION PRODUCTION INC, CTV

SPECIALTY TELEVISION ENTERPRISES INC.,

THE SPORTS NETWORK

 

PLACE OF HEARING:                              Toronto, Ontario

 

DATE OF HEARING:                                October 11, 2012

 

REASONS FOR JUDGMENT OF

THE COURT BY:                                        (NOËL, DAWSON & STRATAS JJ.A.)

 

DELIVERED FROM THE

BENCH BY:                                                  STRATAS J.A.

                                                                                   

 

APPEARANCES:

 

Jesse Kugler

 

FOR THE APPLICANT

John-Paul Alexandrowicz

Nadine Zacks

FOR THE RESPONDENTS

 

 

SOLICITORS OF RECORD:

 

CALEY WRAY

Labour/Employment Lawyers

Toronto, Ontario

 

FOR THE APPLICANT

 

HICKS MORLEY HAMILTON

STEWART STORIE LLP

Barristers & Solicitors

Toronto, Ontario

FOR THE RESPONDENTS

 

 

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