Canadian Pittsburgh Industries v. Industrial Relations Board and International Association of Bridge, Structural and Ornamental Workers, Local 725, (1977) 5 A.R. 407 (TD)

• Judge: McDonald, J.
• Case Date: May 20, 1977
• Citations: (1977), 5 A.R. 407 (TD)

Cdn. Pittsburgh Ind. v. IRB (1977), 5 A.R. 407 (TD)

MLB headnote and full text

Canadian Pittsburgh Industries v. Industrial Relations Board and International Association of Bridge, Structural and Ornamental Workers, Local 725

Indexed As: Canadian Pittsburgh Industries v. Industrial Relations Board and International Association of Bridge, Structural and Ornamental Workers, Local 725

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

McDonald, J.

May 20, 1977.

Summary:

This case arose out of the applicant's application for an order in the nature of certiorari to quash a decision of the Industrial Relations Board on the ground of error of law. The application was not brought until more than 30 days after the Board's decision had elapsed. The Alberta Supreme Court, Trial Division, dismissed the application, because the application was out of time. The Trial Division held that, although s. 51(3) of the Labour Act, S.A. 1973, c. 33, provided for full review of decisions of the Board, including review for error of law, a limitation period of 30 days was provided. The Trial Division stated that after 30 days judicial review was limited to jurisdictional matters, which did not include errors of law.

Similar and concurrent applications by Pilkington Glass Ltd. and the International Brotherhood of Painters and Allied Trades, Glassworkers Local 1725, were dismissed for the same reasons on May 26, 1977.

Administrative Law - Topic 1417

Finality - Privative clauses - Scope of - Section 51(2) of the Labour Act, S.A. 1973, c. 33, limited judicial review of decisions of the Industrial Relations Board to jurisdictional matters, but s. 51(3) provided that decisions of the Board could be reviewed by certiorari or mandamus within 30 days - The Alberta Supreme Court, Trial Division, held that, while s. 51(2) limited judicial review of decisions of the Board, s. 51(3) restored full review of decisions of the Board, but only for 30 days - See paragraphs 18 to 25.

Administrative Law - Topic 1442

Finality - Privative clauses - Jurisdictional issues - Jurisdictional issue defined - In considering the effect of a privative clause limiting judicial review to jurisdictional matters the Alberta Supreme Court, Trial Division, held that jurisdiction should be construed in the ways set out by Lords Reid and Pearce in Anisminic Ltd. v. Foreign Compensation Commission - See paragraphs 1 to 17.

Statutes - Topic 5365

Operation and effect - Delegated legislation - Regulations - Validity of regulations which are inconsistent with other statutes - S. 51(3) of the Labour Act, S.A. 1973, c. 33, provided a 30 day limitation period for the bringing of a certiorari application respecting a decision of the Industrial Relations Board - Rule 742 of the Alberta Rules of Court provided a six month limitation period for bringing certiorari applications - The Alberta Supreme Court, Trial Division, held that, since Rule 742 was merely a regulation, it could not prevail over the statutory limitation period of s. 51(3) - See paragraph 27.

Statutes - Topic 6255

Operation and effect - Effect on earlier statutes - Contrariety or conflict between statutes - General and special statutes - S. 51(3) of the Labour Act, S.A. 1970, c. 33, provided a 30 day limitation period for the bringing of a certiorari application respecting a decision of the Industrial Relations Board - Rule 742 of the Alberta Rules of Court provided a six month limitation period for bringing certiorari applications - The Alberta Supreme Court, Trial Division, stated that the particular s. 51(3) of the Labour Act prevailed over the general Rule 742 - See paragraph 27.

Cases Noticed:

Anisminic Ltd. v. Foreign Compensation Commission, [1969] A.C. 147; 2 W.L.R. 163; 1 All E.R. 208, appld. [para. 9].

Re Canada Labour Relations Board and Transair Ltd. et al. (1976), 9 N.R. 181; 67 D.L.R.(3d) 421, consd. [para. 11].

Toronto Newspaper Guild v. Globe Printing Co., [1953] 2 S.C.R. 18, consd. [para. 12].

Metropolitan Life Insurance Co. v. Int. Union of Operating Engineers, Local 796, [1970] S.C.R. 425, appld. [para. 13].

R. v. Nat Bell Liquors Ltd., [1922] 2 W.W.R. 30; 2 A.C. 128; 37 C.C.C. 129; 65 D.L.R. 1, appld. [para. 15].

Woodward Stores (Westmount) Ltd. v. Alberta Assessment Appeal Board, [1976] 5 W.W.R. 496, appld. [para. 15].

Woolett v. Minister of Agriculture and Fisheries, [1955] 1 Q.B. 103; [1954] 3 W.L.R. 776; 3 All E.R. 529, refd to. [para. 18].

Uncle Ben's Tartan Breweries of Alberta Ltd. v. Board of Industrial Relations, [1974] 4 W.W.R. 119, folld. [para. 21].

Barnard v. National Dock Labour Board, [1953] 2 Q.B. 18; 1 All E.R. 113 (C.A.), refd to. [para. 25].

Blackpool Corp. v. Starr Estate Co., [1922] 1 A.C. 27 (H.L.), appld. [para. 27].

Statutes Noticed:

Labour Act, S.A. 1973, c. 33, sect. 51 [para. 7].

Rules of Court (Alta.), rule 742 [para. 26].

Authors and Works Noticed:

Cheshire, Private International Law (9th Ed.), p. 687 [para. 27].

Wade, H.W.R., Constitutional and Administrative Aspects of the Anisminic Case (1969), 85 L.Q.R. 198 [para. 18].

Counsel:

A.O. Ackroyd, Q.C., for the applicants Canadian Pittsburgh Industries (&98033 and 98034) and for the same parties as respondents in &98884 and Pilkington Glass Ltd. (&98035);

M.D. McGown, for the respondent International Association of Bridge, Structural and Ornamental Ironworkers, Local Union 725, in all four proceedings;

D.A. Stewart, for the applicant International Brotherhood of Painters and Allied Trades, Glassworkers Local 1725, in &98884;

D.B. Mason, Q.C., for the Board of Industrial Relations in all proceedings.

This case was heard at Edmonton, Alberta, before McDONALD, J., of the Alberta Supreme Court, Trial Division, Judicial District of Edmonton.

On May 20, 1977, McDONALD, J., delivered the following judgment: