International Association of Machinists v. Air Canada

International Association of Machinists v. Air Canada Court (s) Database Federal Court of Appeal Decisions Date 2008-03-11 Neutral citation 2008 FCA 93 File numbers A-12-07, T-1016-07 Decision Content 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” J.A. 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: Ian Roland FOR THE APPLICANTS Fred Headon Rachelle Henderson FOR THE RESPONDENTS SOLICITORS OF RECORD: Paliare Roland Rosenberg Rothstein LLP Toronto, Ontario FOR THE APPLICANTS Air Canada Law Branch Dorval, Quebec FOR THE RESPONDENTS