Case Name:

504578 Ontario Ltd. v. Great Lakes Fishermen and Allied

†Workers' Union (S.C.C.)

 

 

504578 Ontario Ltd., carrying on business as Murray Collard

Fisheries, Jim Fraser Fisheries Ltd., H. Tiessen Fisheries

Ltd., Favignana Fishing Co. Limited, A. Figliomeni & Sons

Limited, Four Brothers Fishing Co., 538391 Ontario Limited

operating as Peralta Foods, CP Fisheries Ltd., Family Fishery

Company

v.

Great Lakes Fishermen and Allied Workers' Union and

Ontario Labour Relations Board

 

[1990] S.C.C.A. No. 233

 

File No.: 21915

 

†Supreme Court of Canada

 

Record created: May 18, 1990.

 

Appeal From:

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

 

Status:

Application for leave to appeal dismissed with costs (without reasons) December 13, 1990.

 

Catchwords:

 

Constitutional law -- Division of powers -- Fisheries -- Labour law -- Certification -- Whether labour relations of fishing boat crews are within provincial or federal jurisdiction -- Whether fishing falls withing statutory exclusions of hunting and trapping -- Board having jurisdiction to hear application on basis that labour relations in fisheries is within provincial jurusdiction.

 

Counsel:

Raymond Colautti (Paroian, Raphael, Courey, Cohen & Houston), for the motion.

No counsel mentioned contra.

 

 

 

 

Chronology:

 

1.            Application for leave to appeal:

 

                 FILED: May 18, 1990. S.C.C. Bulletin, 1990, p. 1263.

†REFERRED TO THE COURT: August 3, 1990. S.C.C. Bulletin,

†1990, p. 1691.

†Before: Wilson, Sopinka and McLachlin JJ.

†DISMISSED WITH COSTS: December 13, 1990 (without reasons).

†S.C.C. Bulletin, 1990, p. 2756.

†Before: Wilson, Sopinka and McLachlin JJ.

 

2.            Motion for extension of time in which to serve and file an application for leave to appeal:

 

                 GRANTED: May 23, 1990. S.C.C. Bulletin, 1990, p. 1271. Before: L'Heureux-Dub» J.

 

3.            Motion to extend time to serve and file memorandum of argument:

 

                 GRANTED: June 13, 1990. S.C.C. Bulletin, 1990, p. 1479. Before: Sopinka J.

Procedural History:

Decision

by Ontario Labour Relations Board: Board has jurisdiction

to hear applications for certification.

Ontario Labour Relations Board,

December 9, 1990.

Judgment

on Application: Application dismissed.

Ontario Supreme Court, Divisional Court, Osler, Reid

and Fitzpatrick JJ.,

November 22, 1988.

Judgment on appeal: Appeal dismissed.

†Ontario Court of Appeal, Robins, Krever and Carthy JJ.A.,

†January 16, 1990.

†[1990] O.J. No. 39.