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-DubÈ 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.