Via Rail Canada Inc. v. Cairns

Via Rail Canada Inc. v. Cairns

Section 22 of the Canada Labour Code is a strong privative clause but does not remove the Court's jurisdiction to hear judicial review applications or to grant stays where the grounds in s.18.1(4)(a),(b) or (e) of the Federal Court Act are implicated; the stay test (serious issue, irreparable harm, balance of...

Source-derived case information.

Citation
2003 FCA 308
Parties
Applicant (employer): VIA Rail Canada Inc.; Respondent (employee): George Cairns; Respondent (union): Brotherhood of Locomotive Engineers; Respondent (intervener): Canadian National Railway Company; Respondent (intervener): United Transportation Union; Respondent (board): Canada Industrial Relations Board
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
18 July 2003
Procedural Posture
Judicial Review / Stay Application / Interim Stay Motion Before the Federal Court of Appeal
Outcome
Preliminary objection by the Canada Industrial Relations Board dismissed; application for interim stay dismissed.
Legal Topics
Privative Clause, Jurisdiction, Interim Stay, Standard of Review, Procedural Fairness, Irreparable Harm, Balance of Convenience
Source Language
english
Labour Law Administrative Law Judicial Review Privative Clause Jurisdiction Interim Stay Standard of Review Procedural Fairness +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

VIA Rail Canada Inc.

Applicant (employer)

George Cairns

Respondent (employee)

Brotherhood of Locomotive Engineers

Respondent (union)

Canadian National Railway Company

Respondent (intervener)

United Transportation Union

Respondent (intervener)

Canada Industrial Relations Board

Respondent (board)

Procedural Posture

Judicial Review / Stay Application / Interim Stay Motion Before the Federal Court of Appeal

Legal Issues

  1. 1 Whether s.22 privative clause of the Canada Labour Code ousts the Court's jurisdiction to hear a stay application or judicial review on grounds in s.18.1(4) of the Federal Court Act
  2. 2 Whether an ongoing process before the CIRB prevents the Court granting a stay
  3. 3 Whether the serious issue test and stay factors apply to stays of CIRB decisions and whether that circumvents the standard of review

Ratio Decidendi

Section 22 of the Canada Labour Code is a strong privative clause but does not remove the Court's jurisdiction to hear judicial review applications or to grant stays where the grounds in s.18.1(4)(a),(b) or (e) of the Federal Court Act are implicated; the stay test (serious issue, irreparable harm, balance of convenience) applies to CIRB decisions, and VIA's interim stay was dismissed because it failed to establish irreparable harm for the short interim period.

Court Disposition

Preliminary objection by the Canada Industrial Relations Board dismissed; application for interim stay dismissed.

Orders

  • Dismiss preliminary objection by the Canada Industrial Relations Board
  • Dismiss application for interim stay