Canadian National Railway Company v. United Transportation Union General, 2008 FCA 110

Date: 20080331

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

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.

Date: 20080331

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)

SEXTON J.A.

[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.

"J. Edgar Sexton"

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:

SOLICITORS OF RECORD: