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34920

United Food and Commercial Workers, Local 503 v. Wal Mart Canada Corp.

(Quebec) (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)
2014-07-02 Appeal closed
2014-06-30 Formal judgment sent to the registrar of the court of appeal and all parties
2014-06-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-06-27 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-007205-104, 2012 QCCA 903, dated May 11, 2012, heard on December 6, 2013, is allowed with costs throughout to the appellant. The judgment of the Court of Appeal is set aside and the Superior Court’s judgment dismissing the application for judicial review of Arbitrator Ménard’s award is restored. The case is remanded to Arbitrator Ménard to determine the appropriate remedy in accordance with the disposition of his award. Rothstein and Wagner JJ. are dissenting.
Allowed, with costs
2014-05-07 Correspondence received from, (Letter Form), Corrado De Stefano, Counsel for Wal-Mart Canada Corp, re.: Change of law firm and address to Borden Ladner Gervais LLP Wal Mart Canada Corp.
2014-02-27 Correspondence received from, Notice of change of law firm, from McMillan to Gowlings Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2014-02-19 Correspondence received from, David Debenham, re.: will be taking carriage of this matter from Jeffrey W. Beedell. Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-12-24 Transcript received, (135 pages)
2013-12-06 Hearing of the appeal, 2013-12-06, CJ LeB Abe Ro Cro Ka Wa
Judgment reserved
2013-12-06 Judgment reserved OR rendered with reasons to follow
2013-12-06 Intervener's condensed book, Submitted in Court (14 copies) Confédération des syndicats nationaux
2013-12-06 Intervener's condensed book, Submitted in Court (14 copies) Canadian Association of Counsel to Employers
2013-12-06 Intervener's condensed book, Submitted in Court (14 copies) Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-12-06 Intervener's condensed book, Submitted in Court (14 copies) Conseil du patronat du Québec inc.
2013-12-06 Appellant's condensed book, Submitted in Court (14 copies) United Food and Commercial Workers, Local 503
2013-12-06 Acknowledgement and consent for video taping of proceedings, From all parties
2013-12-05 Respondent's condensed book, Submitted in Court (14 copies) Wal Mart Canada Corp.
2013-12-03 Correspondence received from, Yael Wexler dated 2013-12-03. Re: Will be replacing Marisa Victor as agent Conseil du patronat du Québec inc.
2013-11-28 Correspondence received from, 15 reserved seats requested United Food and Commercial Workers, Local 503
2013-11-22 Correspondence received from, 2 reserved seats requested Wal Mart Canada Corp.
2013-11-21 Notice of appearance, Corrado De Stefano, Frédéric Masé, Daniel Kaufer and Louis Leclerc will be present at the hearing. Wal Mart Canada Corp.
2013-11-21 Notice of appearance, Claude Leblanc, Bernard Philion, Gilles Grenier and Stéphanie Lindsay will be present at the hearing. United Food and Commercial Workers, Local 503
2013-11-19 Notice of appearance, Éric Lévesque, Isabelle Lanson and Karim Lebnan will be present at the hearing. Mr. Lévesque will present oral submission. Confédération des syndicats nationaux
2013-11-18 Notice of appearance, Stephen Penney and Jeffrey Beedell will be present Canadian Association of Counsel to Employers
2013-11-15 Correspondence received from, Henri Lafortune dated 2013/11/14 re: correction to the Respodent's factum (sent to the Court 2013/11/20) Wal Mart Canada Corp.
2013-11-13 Notice of appearance, Ronald J McRobie, Dominique Monet and Guy-François Lamy will be appearing and Mr. McRobie will make oral submission Conseil du patronat du Québec inc.
2013-11-08 Correspondence received from, Request 3 reserved seats Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-11-08 Notice of appearance, George Avraam will be present at the hearing and will present oral arguments. Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-10-31 Supplemental document, Supplemental book of authorities, Completed on: 2013-10-31 Wal Mart Canada Corp.
2013-09-03 Notice of hearing sent to parties
2013-08-21 Appeal hearing scheduled, 2013-12-06, (Previously October 8, 2013)
Judgment reserved
2013-07-11 Correspondence received from, Corrado De Stefano dated July 11/13 re matters raised in CSN intervener's factum (original rec'd July 17/13) (sent to the Court) Wal Mart Canada Corp.
2013-07-11 Order by, Wa, FURTHER TO THE ORDER dated May 8, 2013, granting leave to intervene to the Quebec Employers' Council Inc., the Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters and the Canadian Association of Counsel to Employers;
AND FURTHER TO THE ORDER dated June 20, 2013, granting leave to intervene to the Confédération des syndicats nationaux;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2013-07-03 Intervener's book of authorities, (2 volumes), Completed on: 2013-07-03 Confédération des syndicats nationaux
2013-07-03 Intervener's factum, Completed on: 2013-07-03 Confédération des syndicats nationaux
2013-07-03 Intervener's book of authorities, Completed on: 2013-07-03 Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-07-03 Intervener's factum, Completed on: 2013-07-03 Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-07-03 Intervener's book of authorities, Completed on: 2013-07-03 Canadian Association of Counsel to Employers
2013-07-03 Intervener's factum, Completed on: 2013-07-03 Canadian Association of Counsel to Employers
2013-07-03 Intervener's book of authorities, Completed on: 2013-07-03 Conseil du patronat du Québec inc.
2013-07-03 Intervener's factum, Completed on: 2013-07-03 Conseil du patronat du Québec inc.
2013-06-20 Order on motion for leave to intervene, (by WAGNER J.)
2013-06-20 Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Confédération des syndicats nationaux for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Confédération des syndicats nationaux is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 3, 2013.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2013-06-20 Submission of motion for leave to intervene, Wa
2013-06-07 Other book of authorities, (Book Form), of the respondent in support of their response to the motion for leave to intervene and for extension of time, Completed on: 2013-06-07 Wal Mart Canada Corp.
2013-06-07 Response to the motion for leave to intervene, (Letter Form), and to the motion for extension of time, from Corrado de Stefano dated Jun. 7/13, Completed on: 2013-06-07 Wal Mart Canada Corp.
2013-05-31 Motion for leave to intervene, (Book Form), joint with a motion for an extension of time, Completed on: 2013-05-31 Confédération des syndicats nationaux
2013-05-27 Appeal perfected for hearing
2013-05-22 Respondent's book of authorities, (3 volumes), Completed on: 2013-05-22 Wal Mart Canada Corp.
2013-05-22 Respondent's factum, English version rec'd 2013/06/03. Correction to pages 22, 23, 24, 31 et 33 rec'd 2013/11/15, Completed on: 2013-05-22 Wal Mart Canada Corp.
2013-05-08 Order on motion for leave to intervene, (by WAGNER J.)
2013-05-08 Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by the Quebec Employers' Council Inc., the Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters and the Canadian Association of Counsel to Employers for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Quebec Employers' Council Inc., the Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters and the Canadian Association of Counsel to Employers are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 3, 2013.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The 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 shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions
Granted
2013-05-08 Submission of motion for leave to intervene, Wa
2013-05-07 Reply to the motion for leave to intervene, (Letter Form), from Stephen F. Penney dated May 7/13, Completed on: 2013-05-07 Canadian Association of Counsel to Employers
2013-05-07 Reply to the motion for leave to intervene, (Letter Form), from Dominique Monet dated May 6/13 re: reply to respondent's response, Completed on: 2013-05-07 Conseil du patronat du Québec inc.
2013-05-01 Response to the motion for leave to intervene, (Letter Form), from Stéphanie Lindsay dated April 30/13 re: response to all motions for leave to intervene, Completed on: 2013-05-01 United Food and Commercial Workers, Local 503
2013-04-24 Motion for leave to intervene, (Book Form), Completed on: 2013-04-24 Canadian Association of Counsel to Employers
2013-04-22 Motion for leave to intervene, (Book Form), Completed on: 2013-04-22 Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters
2013-04-22 Motion for leave to intervene, (Book Form), Completed on: 2013-04-22 Conseil du patronat du Québec inc.
2013-03-28 Appellant's book of authorities, (4 volumes), Completed on: 2013-03-28 United Food and Commercial Workers, Local 503
2013-03-28 Appellant's record, (2 volumes), Completed on: 2013-03-28 United Food and Commercial Workers, Local 503
2013-03-28 Appellant's factum, Completed on: 2013-03-28 United Food and Commercial Workers, Local 503
2012-12-20 Notice of appeal, Completed on: 2012-12-20 United Food and Commercial Workers, Local 503
2012-12-12 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-11-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-11-23 Judgment on leave sent to the parties
2012-11-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-007205-104, 2012 QCCA 903, dated May 11, 2012, is granted with costs in the cause.
Granted, with costs in the cause
2012-09-24 All materials on application for leave submitted to the Judges, LeB Abe Cro
2012-09-17 Applicant's reply to respondent's argument, Completed on: 2012-09-17 United Food and Commercial Workers, Local 503
2012-09-05 Respondent's response on the application for leave to appeal, Completed on: 2012-09-05 Wal Mart Canada Corp.
2012-08-09 Letter acknowledging receipt of a complete application for leave to appeal
2012-08-08 Application for leave to appeal, Completed on: 2012-08-08 United Food and Commercial Workers, Local 503

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
United Food and Commercial Workers, Local 503 Appellant Active

v.

Main parties - Respondents
Name Role Status
Wal Mart Canada Corp. Respondent Active

Other parties

Other parties
Name Role Status
Conseil du patronat du Québec inc. Intervener Active
Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters Intervener Active
Canadian Association of Counsel to Employers Intervener Active
Confédération des syndicats nationaux Intervener Active

Counsel

Party: United Food and Commercial Workers, Local 503

Counsel
Claude Leblanc
Gilles Grenier
Stéphanie Lindsay
Bernard Philion
Phillion Leblanc Beaudry
5000 Boul. des Gradins, bureau 280
Québec, Quebec
G2J 1N3
Telephone: (418) 626-3538
FAX: (418) 627-7386
Email: cleblanc@plba.ca
Agent
Richard Gaudreau
Bergeron, Gaudreau
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com

Party: Wal Mart Canada Corp.

Counsel
Corrado De Stefano
Louis Leclerc
Suzanne Thibaudeau, c.r.
Frédéric Massé
Danny Kaufer
Heenan Blaikie LLP
1250, boul. René-Lévesque Ouest
Bureau 2500
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2235
FAX: (514) 921-1235
Email: destefano@heenan.ca
Agent
Dan Palayew
Borden Ladner Gervais LLP
World Exchange Plaza
100, rue Queen Bureau 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3523
FAX: (613) 230-8842
Email: DPalayew@blg.com

Party: Conseil du patronat du Québec inc.

Counsel
Ronald J. McRobie
Dominique Monet
Fasken Martineau DuMoulin LLP
Tour de la Bourse, bureau 3700
800, Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7511
FAX: (514) 397-7600
Email: rmcrobie@fasken.com
Agent
Yael Wexler
Fasken Martineau DuMoulin LLP
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com

Party: Alliance of Manufacturers & Exporters Canada, also known as Canadian Manufacturers & Exporters

Counsel
George Avraam
Mark Mendl
Cherrine Chow
Baker & McKenzie LLP
BCE Place, Suite 2100
181 Bay Street, P.O. Box 874
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-6935
FAX: (416) 863-6275
Email: george.avraam@bakernet.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 Association of Counsel to Employers

Counsel
Stephen F. Penney
Stewart McKelvey
Grant G. Machum
Stewart McKelvey
1100 - 100 New Gower Street
P.O. Box 5038
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 570-8881
FAX: (709) 722-4565
Email: spenney@stewartmckelvey.com
Agent
David Debenham
McMillan LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: david.debenham@mcmillan.ca

Party: Confédération des syndicats nationaux

Counsel
Émilie Duchesne
Éric Lévesque
Isabelle Lanson
Karim Lebnan
Laroche Martin
155, boul. Charest Est
Bureau 275
Québec, Quebec
G1K 3G6
Telephone: (418) 647-5713
FAX: (418) 647-5725
Email: emilie.duchesne@csn.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Summary

Keywords

None.

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.

Labour relations — Human rights — Freedom of association — Jurisdiction and powers — Conditions of employment — Complaint alleging dismissal for union activities — Whether Court of Appeal erred in refusing to consider applicability of s. 59 of Labour Code — Whether Court of Appeal erred in its understanding of Plourde v. Wal-Mart Canada Corp., 2009 SCC 54, [2009] 3 S.C.R. 465, as regards applicability of ss. 15 et seq. of Labour Code, R.S.Q., c. C 27 (“L.C.”), in cases of business closure — Whether Court of Appeal erred in failing to consider that arbitrator responsible for disposing of similar grievance under s. 59 L.C. has broad remedial powers.

In April 2005, the respondent Wal-Mart Canada Corp. (“Wal-Mart”) permanently closed its store in Jonquière. The closure led the applicant United Food and Commercial Workers, Local 503, to institute a number of legal proceedings against Wal-Mart. The central issue was whether the grievance arbitrator had jurisdiction in this case to decide the complaint made by the applicant United Food and Commercial Workers, Local 503 (“the union”), under s. 59 L.C. on the basis of changes made to the employees’ conditions of employment as a result of the closure of the business in question.

Lower court rulings

October 6, 2010
Superior Court of Quebec

200-17-012064-093

Motion by Wal-Mart Canada Corp. for judicial review of award of September 18, 2009 dismissed;
Wal-Mart Canada Corp. and United Food and Commercial Workers, Local 503, ordered to return before respondent arbitrator to determine one or more possible remedies if parties unable to agree on remedies
May 11, 2012
Court of Appeal of Quebec (Québec)

200-09-007205-104, 2012 QCCA 903

Appeal allowed;
Judgment under appeal set aside;
Application for judicial review allowed;
Arbitration award rendered by mis en cause on September 18, 2009 annulled;
Complaint filed by union under s. 59 of Labour Code dismissed

Memorandums of argument on application for leave to appeal

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Factums on appeal

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Date modified: 2024-10-03