Canadian National Railway Company v. United Transportation Union General
The application was dismissed as moot because the factual record did not permit a definitive resolution of the legal issues and therefore no live controversy existed warranting adjudication; because the mootness point was raised at the opening of the hearing, no costs were awarded.
Source-derived case information.
- Citation
- 2008 FCA 110
- Parties
- Applicant: Canadian National Railway Company; Respondent: United Transportation Union; Respondent: Mr. Rex A. Beatty; Respondent: Mr. Bryan Boechler; Respondent: Mr. Raymond Lebel; Respondent: Ms. Sylvie Leblanc
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 March 2008
- Procedural Posture
- Appeal to Federal Court of Appeal / Hearing (motion to Dismiss as Moot); Judgment Delivered From the Bench
- Outcome
- Application dismissed as moot; no costs awarded.
- Legal Topics
- Mootness, Justiciability, Strike Notice Validity, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Canadian National Railway Company
Applicant
United Transportation Union
Respondent
Mr. Rex A. Beatty
Respondent
Mr. Bryan Boechler
Respondent
Mr. Raymond Lebel
Respondent
Ms. Sylvie Leblanc
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Hearing (motion to Dismiss as Moot); Judgment Delivered From the Bench
Legal Issues
- 1 Whether the application is moot
- 2 Whether a court should hear a moot case that raises an important recurring legal question (validity of a strike notice)
- 3 Whether the facts on record would allow meaningful determination of the legal question
Ratio Decidendi
The application was dismissed as moot because the factual record did not permit a definitive resolution of the legal issues and therefore no live controversy existed warranting adjudication; because the mootness point was raised at the opening of the hearing, no costs were awarded.
Court Disposition
Application dismissed as moot; no costs awarded.
Orders
- Application dismissed as moot.
- No costs awarded.
Full Case Text
Judgment text and source record
1 paragraphs
Canadian National Railway Company v. United Transportation Union General Court (s) Database Federal Court of Appeal Decisions Date 2008-03-31 Neutral citation 2008 FCA 110 File numbers A-135-07 Decision Content 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" J.A. 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: Robert Monette John A. Coleman FOR THE APPLICANT Brian Shell Rosie Basa Michael A. Church FOR THE RESPONDENTS UNITED TRANSPORATION UNION FOR THE RESPONDENTS UNITED TRANSPORTATION UNION GENERAL CHAIRPERSONS SOLICITORS OF RECORD: Ogilvy Renault LLP Toronto, Ontario FOR THE APPLICANT Shell Lawyers Toronto, Ontario CaleyWray Toronto, Ontario FOR THE RESPONDENTS UNITED TRANSPORTATION UNION FOR THE RESPONDENTS UNITED TRANSPORTATION UNION GENERAL CHAIRPERSONS