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