Date: 20121011
Docket: A-194-11
Citation: 2012
FCA 257
CORAM: NOËL J.A.
DAWSON J.A.
STRATAS J.A.
BETWEEN:
COMMUNICATIONS,
ENERGY AND
PAPERWORKERS UNION OF CANADA
Applicant
and
EXPLORATION PRODUCTION
INC., CTV SPECIALTY
TELEVISION ENTERPRISES INC., THE
SPORTS NETWORK
Respondents
Heard at Toronto, Ontario, on October 11, 2012.
Judgment delivered from
the Bench at Toronto, Ontario, on October 11, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: STRATAS
J.A.
Date: 20121011
Docket: A-194-11
Citation: 2012 FCA 257
CORAM: NOËL
J.A.
DAWSON J.A.
STRATAS
J.A.
BETWEEN:
COMMUNICATIONS, ENERGY AND
PAPERWORKERS UNION OF CANADA
Applicant
and
EXPLORATION PRODUCTION INC., CTV
SPECIALTY
TELEVISION ENTERPRISES INC., THE
SPORTS NETWORK
Respondents
REASONS FOR JUDGMENT
OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on October 11, 2012)
STRATAS J.A.
[1]
The
applicant seeks an order quashing a preliminary ruling dated April 27, 2011
made by the Canada Industrial Relations Board: 2011 CIRB 583. The Board ruled
that the labour relations of Exploration Production Inc. do not fall within
federal jurisdiction and are not subject to the application of the Canada
Labour Code.
[2]
In
careful and thorough reasons, the Board set out the applicable legal test, made
factual findings that were supported on the evidence before it, and applied the
legal test to those findings. We have not been persuaded that the Board erred
in any way.
[3]
In
argument before us, the applicant submitted that the Board defined the
undertaking improperly. The definition of the undertaking that the applicant
now proposes was not raised before the Board or in the applicant’s memorandum
before us. In our view, the Board could not have erred by failing to consider
an argument that was not put to it.
[4]
Therefore,
the application for judicial review will be dismissed with costs.
“David
Stratas”
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-194-11
(AN
APPLICATION FOR JUDICIAL REVIEW OF A DECISION OF THE CANADA INDUSTRIAL
RELATIONS BOARD DATED APRIL 27, 2011, BOARD FILE NOS.:
26436-C,
26437-C.)
STYLE OF CAUSE: COMMUNICATIONS, ENERGY
AND PAPERWORKERS UNION OF CANADA v.
EXPLORATION PRODUCTION INC, CTV
SPECIALTY TELEVISION ENTERPRISES
INC.,
THE SPORTS NETWORK
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 11, 2012
REASONS FOR JUDGMENT OF
THE COURT BY: (NOËL, DAWSON &
STRATAS JJ.A.)
DELIVERED FROM THE
BENCH BY: STRATAS J.A.
APPEARANCES:
|
Jesse Kugler
|
FOR
THE APPLICANT
|
|
John-Paul Alexandrowicz
Nadine
Zacks
|
FOR
THE RESPONDENTS
|
SOLICITORS OF RECORD:
|
CALEY WRAY
Labour/Employment
Lawyers
Toronto, Ontario
|
FOR
THE APPLICANT
|
|
HICKS MORLEY HAMILTON
STEWART
STORIE LLP
Barristers
& Solicitors
Toronto, Ontario
|
FOR
THE RESPONDENTS
|
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