Canadian Brotherhood of Railway, Transport and General Workers v. Victoria Flying Services Ltd., [1979] 1 SCR 95

Supreme Court of Canada

Canadian Brotherhood of Railway, Transport and General Workers v. Victoria Flying Services Ltd., [1979] 1 S.C.R. 95

Date: 1978-11-21

Canadian Brotherhood of Railway, Transport and General Workers Appellant;

and

Victoria Flying Services Ltd. Respondent;

and

Canada Labour Relations Board Intervener.

1978: November 21.

Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Dickson, Beetz, Estey and Pratte JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Labour law—Certification—Evidence of opposition to Union—Evidence weighed by Board and found unworthy of credit—Matter for Board and not subject to review—Alleged error of law by Board—No jurisdictional question involved—Board not entitled to be heard.

APPEAL from a judgment of the Federal Court of Appeal[1] allowing an appeal from a decision of the Canada Labour Relations Board. Appeal allowed.

M.W. Wright, Q.C., and A. Raven, for the appellant.

D.M.M. Goldie, Q.C., for the Canada Labour Relations Board.

No one for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that this appeal must be allowed. The Canada Labour Relations Board did not, as the Federal Court of Appeal said, disregard the evidence of opposition to the Union, but rather weighed the evidence and found it unworthy of credit. This was a matter for the Board and was not subject to review by the Federal Court of Appeal.

[Page 96]

We are also of the opinion that the issue in this case concerned an alleged error of law by the Board and that there was no jurisdictional question involved. Consequently, it is not a case in which the Board itself was entitled to be heard.

In the result, the judgment of the Federal Court of Appeal is set aside and the certification order is restored.

Judgment accordingly.

Solicitors for the appellant: Soloway, Wright, Houston, Greenberg, O’Grady & Morin, Ottawa.

Solicitors for the respondent: Hallatt, Sullivan, Smith, Stewart & Gow, Victoria.

Solicitors for the intervener: Russell & DuMoulin, Vancouver.