International Association of Machinists v. Air Canada, 2008 FCA 93

Date: 20080311

Docket: A-12-07

Citation: 2008 FCA 93

CORAM:       LÉTOURNEAU J.A.

                        NADON J.A. 

                        SHARLOW J.A.                                           

BETWEEN:

INTERNATIONAL ASSOCIATION OF MACHINISTS

 AND AEROSPACE WORKERS AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT LODGE 140

Applicants

and

AIR CANADA, ACTS LIMITED PARTNERSHIP,

AC CARGO LIMITED PARTNERSHIP, AND ACGHS LIMITED PARTNERSHIP

Respondents

Heard at Toronto, Ontario, on March 11, 2008.

Judgment delivered from the bench at Toronto, Ontario, on March 11, 2008.

REASONS FOR JUDGMENT OF THE COURT BY:                                    LÉTOURNEAU J.A.

Date: 20080311

Docket: A-12-07

Citation: 2008 FCA 93

CORAM:       LÉTOURNEAU J.A.

                        NADON J.A. 

                        SHARLOW J.A.                   

BETWEEN:

INTERNATIONAL ASSOCIATION OF MACHINISTS

 AND AEROSPACE WORKERS AND INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT LODGE 140

Applicants

and

AIR CANADA, ACTS LIMITED PARTNERSHIP,

AC CARGO LIMITED PARTNERSHIP, AND ACGHS LIMITED PARTNERSHIP

Respondents

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on March 11, 2008)

LÉTOURNEAU J.A.

[1]               We are of the view that this application for judicial review should be dismissed for mootness. We are aware of the parties’ keen interest in the question of the jurisdiction of the Canada Industrial Relations Board in this matter, but any decision we would render on that point would have little precedential value because the decision would necessarily be limited to the facts of the case, which are highly unusual.

[2]               The application for judicial review will be dismissed with costs.

“Gilles Létourneau”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          A-12-07

(AN APPLICATION FOR JUDICIAL REVIEW OF A DECISION RENDERED BY THE CANADIAN NDUSTRIAL RELATIONS BOARD, DATED MAY 18, 2007, FROM FEDERAL COURT FILE NO. T-1016-07.)

STYLE OF CAUSE:                          INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS AND INTERNATIONAL

ASSOCIATION OF MACHINISTS AND AEROSPACE

WORKERS, DISTRICT LODGE 140 v. AIR CANADA, ACTS

LIMITED PARTNERSHIP, AC CARGO LIMITED

PARTNERSHIP, AND ACGHS LIMITED PARTNERSHIP

PLACE OF HEARING:                    TORONTO, ONTARIO

DATE OF HEARING:                      MARCH 11, 2008

REASONS FOR JUDGMENT

OF THE COURT BY:                       (LÉTOURNEAU, NADON & SHARLOW JJ.A.)

DELIVERED FROM THE

BENCH BY:                                       LÉTOURNEAU J.A.

APPEARANCES:

SOLICITORS OF RECORD: