Chc Global Operations v. Global Helicopter Pilots Association
The Court declined to intervene because interlocutory appeals are barred absent exceptional circumstances, a contention that a decision raises jurisdictional questions is not itself exceptional, and the tribunal should be allowed to complete its work; accordingly both appeals were dismissed with costs.
Source-derived case information.
- Citation
- 2008 FCA 344
- Parties
- Applicant: CHC Global Operations, a division of CHC Helicopters International Inc.; Respondent: Global Helicopter Pilots Association
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 November 2008
- Procedural Posture
- Interlocutory Appeal to the Federal Court of Appeal / Application to Intervene on Interlocutory Decision Dismissed With Costs
- Outcome
- Appeals dismissed with costs.
- Legal Topics
- Interlocutory Appeals, Jurisdictional Issues, Finality of Tribunal Decisions, Judicial Restraint, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CHC Global Operations, a division of CHC Helicopters International Inc.
Applicant
Global Helicopter Pilots Association
Respondent
Procedural Posture
Interlocutory Appeal to the Federal Court of Appeal / Application to Intervene on Interlocutory Decision Dismissed With Costs
Legal Issues
- 1 Whether the Court should hear an appeal from an interlocutory decision
- 2 Whether the Canada Industrial Relations Board's decision was final
- 3 Whether a purported jurisdictional issue alone constitutes an exceptional circumstance justifying an interlocutory appeal
Ratio Decidendi
The Court declined to intervene because interlocutory appeals are barred absent exceptional circumstances, a contention that a decision raises jurisdictional questions is not itself exceptional, and the tribunal should be allowed to complete its work; accordingly both appeals were dismissed with costs.
Court Disposition
Appeals dismissed with costs.
Orders
- Both appeals dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Chc Global Operations v. Global Helicopter Pilots Association Court (s) Database Federal Court of Appeal Decisions Date 2008-11-04 Neutral citation 2008 FCA 344 File numbers A-13-08 Decision Content Date: 20081104 Docket: A-13-08 Citation: 2008 FCA 344 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: CHC GLOBAL OPERATIONS, A DIVISION OF CHC HELICOPTERS INTERNATIONAL INC. Applicant and GLOBAL HELICOPTER PILOTS ASSOCIATION Respondent Heard at Vancouver, British Columbia, on November 4, 2008. Judgment delivered from the Bench at Vancouver, British Columbia, on November 4, 2008. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20081104 Docket: A-13-08 Citation: 2008 FCA 344 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: CHC GLOBAL OPERATIONS, A DIVISION OF CHC HELICOPTERS INTERNATIONAL INC. Applicant and GLOBAL HELICOPTER PILOTS ASSOCIATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on November 4, 2008) PELLETIER J.A. [1] These reasons will be filed as reasons for judgment in docket nos. A-13-08 and A-151-08. [2] The jurisprudence of this Court is clear that appeals from interlocutory decisions should not be entertained save in exceptional circumstances. As we decided in Prince Rupert Grain Ltd. v. Grain Workers’ Union, Local 333, 2005 FCA 401, [2005] F.C.J. No. 2055 at paragraph 5, the mere fact that the impugned decision raises or purports to raise a jurisdictional issue is not, in itself, an exceptional circumstance. [3] Even if one accepts Mr. Fairweather’s proposition that the Canada Industrial Relations Board has made a final decision, it does not follow that we should intervene. The policy reasons which underlie the practice of declining to hear appeals from interlocutory decisions do not turn on whether the decision is right or wrong. Justice is better served if the tribunal below is allowed to complete its work (see paragraph 2 of Prince Rupert Grain Ltd., supra) so that appeals to this Court can proceed on the basis that all contested issues can be reviewed in one hearing on the basis of a comprehensive record. [4] For these reasons, we are of the view that we should not intervene at this time and that both appeals should be dismissed with costs. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-13-08 STYLE OF CAUSE: CHC GLOBAL OPERATIONS V. GLOBAL HELICOPTER PILOTS ASSOCIATION PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: November 4, 2008 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. NADON J.A. PELLETIER J.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: Paul Fairweather Scott McCann FOR THE APPLICANT Douglas J. Wray FOR THE RESPONDENT SOLICITORS OF RECORD: Harris & Company LLP Vancouver, B.C. FOR THE APPLICANT Caley Wray Toronto, Ontario FOR THE RESPONDENT