BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
and
UNITED TRANSPORTATION UNION GENERAL
CHAIRPERSON MR. REX A. BEATTY,
MR. BRYAN BOECHLER, MR. RAYMOND LEBEL
and MS. SYLVIE LEBLANC and the
UNITED TRANSPORTATION UNION
Heard at Toronto, Ontario, on March 31, 2008.
Judgment delivered from the Bench at Toronto, Ontario, on March 31, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A.
Docket: A-135-07
Citation: 2008 FCA 110
CORAM: SEXTON J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
Applicant
and
UNITED TRANSPORTATION UNION GENERAL
CHAIRPERSON MR. REX A. BEATTY,
MR. BRYAN BOECHLER, MR. RAYMOND LEBEL
and MS. SYLVIE LEBLANC and the
UNITED TRANSPORTATION UNION
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on March 31, 2008)
[1] At the commencement of this hearing, counsel for the respondents, the General Chairpersons, moved that this application be dismissed as moot. The applicant Canadian National Railway Company and the respondent United Transportation Union opposed the motion. They agreed that the application is moot but they argued that it should nevertheless be heard because it raises an important question of law relating to the validity of a strike notice that may recur but, because of time constraints, may be elusive of judicial review.
[2] On the factual record before the Court, the issues raised by Canadian National Railway Company and the United Transportation Union would not necessarily be settled if this application were heard. For that reason, the application will be dismissed as moot.
[3] As this motion was raised with the Court for the first time at the opening of the hearing, no costs will be awarded.
COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-135-07
STYLE OF CAUSE: CANADIAN NATIONAL RAILWAY COMPANY v.
UNITED TRANSPORATION UNION GENERAL CHAIRPERSON MR. REX A. BEATTY, MR. BRYAN BOECHLER, MR. RAYMOND LEBEL and MS. SYLVIE LEBLANC and the UNITED TRANSPORTATION UNION
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MARCH 31, 2008
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON, SHARLOW, PELLETIER JJ.A.
DELIVERED FROM THE BENCH BY: SEXTON J.A.
APPEARANCES:
John A. Coleman
|
FOR THE APPLICANT
|
Rosie Basa
Michael A. Church
|
FOR THE RESPONDENTS UNITED TRANSPORATION UNION
FOR THE RESPONDENTS UNITED TRANSPORTATION UNION GENERAL CHAIRPERSONS |