International Association of Machinists and Aerospace Workers v. Canadian Airlines International Ltd., (1992) 12 B.C.A.C. 74 (CA)

• Judge: Hinkson, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: April 06, 1992
• Jurisdiction: British Columbia
• Citations: (1992), 12 B.C.A.C. 74 (CA)

IAM v. Cdn. Airlines (1992), 12 B.C.A.C. 74 (CA);

    23 W.A.C. 74

MLB headnote and full text

International Association of Machinists and Aerospace Workers, Members of District Lodge 721 and Local Lodges 764, 1681, 2223, 2754, 2309 and 1763 (plaintiff/respondent) v. Canadian Airlines International Ltd. (defendant/appellant)

(CA015244)

Indexed As: International Association of Machinists and Aerospace Workers v. Canadian Airlines International Ltd.

British Columbia Court of Appeal

Hinkson, J.A.

April 6, 1992.

Summary:

An airline intended to lay off a number of employees. The union representing the employees applied for and was granted an interim injunction requiring the airline to maintain the status quo pending an arbitration. The arbitrator found in favour of the employees. The airline applied for leave to appeal the granting of the interim injunction.

The British Columbia Court of Appeal allowed the application notwithstanding that the matter was rendered academic by the arbitration award.

Practice - Topic 8876

Appeals - Leave to appeal - Grounds for granting leave - An airline intended to lay off a number of employees - The matter was referred to arbitration but pending the result of the arbitration the union commenced an action and successfully applied for an interim injunction - The arbitrator found in favour of the union - The airline applied for leave to appeal the granting of the injunction notwithstanding that the issue was rendered moot as a result of the arbitrator's ruling - The British Columbia Court of Appeal allowed the application because the issues raised were of considerable significance to the parties and to the practice of law (see paragraph 15).

Courts - Topic 2286

Jurisdiction - Bars - Academic or moot issues - An airline intended to lay off a number of employees - The matter was referred to arbitration but pending the result of the arbitration the union commenced an action and successfully applied for an interim injunction - The arbitrator found in favour of the union - The airline applied for leave to appeal the granting of the injunction notwithstanding that the issue was rendered moot as a result of the arbitrator's ruling - The British Columbia Court of Appeal allowed the application.

Cases Noticed:

St. Anne-Nackawic Pulp & Paper Ltd. v. Canadian Paperworkers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236; 28 D.L.R.(4th) 1, refd to. [para. 6].

Retail Store Employees' Union, Local 832 and Last v. Canada Safeway Ltd. (1980), 2 Man.R.(2d) 100 (C.A.), refd to. [para. 10].

Western Publishers Ltd. v. Moose Jaw Typographical Union (1974), 74 C.L.L.C. 14,255 (Sask. C.A.), refd to. [para. 10].

United Steel Workers of America, Local 5795 v. Iron Ore Co. of Canada (1984), 45 Nfld. & P.E.I.R. 150; 132 A.P.R. 150; 5 D.L.R.(4th) 24 (Nfld. C.A.), refd to. [para. 11].

Lamont v. Air Canada (1981), 126 D.L.R.(3d) 266 (Ont. H.C.), refd to. [para. 11].

International Brotherhood of Electrical Workers' Union 2085 v. Winnipeg Builders' Exchange (1967), 65 D.L.R.(2d) 242 (S.C.C.), refd to. [para. 13].

Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342; 92 N.R. 110; 75 Sask.R. 82; 38 C.R.R. 232; 57 D.L.R.(4th) 231; 47 C.C.C.(3d) 1; 33 C.P.C.(2d) 105; [1989] 3 W.W.R. 97, refd to. [para. 13].

British Columbia Transit v. British Columbia Council of Human Rights (1991), 1 B.C.A.C. 20; 1 W.A.C. 20; 56 B.C.L.R.(2d) 261 (C.A.), refd to. [para. 14].

Cascade Imperial Mills Ltd. v. Lindsay and English Bay Cedar Products Ltd. (1985), 59 B.C.L.R. 392 (C.A.), refd to. [para. 16].

Counsel:

G. Hume and T. Sigurdson, for the appellant;

L.B. McGrady, for the respondent.

This application was heard in Chambers, by Hinkson, J.A., of the British Columbia Court of Appeal. The decision of Hinkson, J.A., was filed on April 6, 1992.