Toronto (City) v. C.U.P.E., Local 79
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Supreme Court (Canada) |
| Judge | McLachlin, Beverley; Gonthier, Charles Doherty; Iacobucci, Frank; Major, John C.; Bastarache, Michel; Binnie, William Ian Corneil; Arbour, Louise; LeBel, Louis; Deschamps, Marie |
| Citation | [2003] 3 SCR 77,2003 SCC 63,68 OR (3d) 799,232 DLR (4th) 385,17 CR (6th) 276,311 NR 201,9 Admin LR (4th) 161,[2003] CarswellOnt 4328,JE 2003-2108,[2003] SCJ No 64 (QL),120 LAC (4th) 225,179 OAC 291,[2003] ACS no 64,31 CCEL (3d) 216 |
| Date | 06 November 2003 |
| Docket Number | 28840 |
| Subject Matter | ADMINISTRATIVE LAW,CRIMINAL LAW,COURTS,PRACTICE |
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1406 practice notes
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Howe v. Rees
...decision in the proper forums, it comes from inappropriately circumventing them (Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 , [2003] 3 S.C.R. 77 (S.C.C.), at para. 31 And finally, we come to the doctrine of abuse of process, which too has as its goal the protection of the fairness a......
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Kanyamibwa v. Canada (Minister of Public Safety and Emergency Preparedness)
...(2008), 327 F.T.R. 39; 2008 FC 405, refd to. [para. 57]. Toronto (City) v. Canadian Union of Public Employees, Local 79 et al., [2003] 3 S.C.R. 77; 311 N.R. 201; 179 O.A.C. 291; 2003 SCC 63, refd to. [para. 58]. Sketchley v. Canada (Attorney General) (2005), 344 N.R. 257; 263 D.L.R.(4th) 11......
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Hill v. Hamilton-Wentworth Regional Police Services Board
...1 W.L.R. 1495, [2005] UKHL 24; Hill v. Chief Constable of West Yorkshire, [1988] 2 All E.R. 238; Toronto (City) v. C.U.P.E., Local 79, [2003] 3 S.C.R. 77, 2003 SCC 63 ; Rufo v. Simpson, 103 Cal.Rptr.2d 492 (2001); Ryan v. Victoria (City), [1999] 1 S.C.R. 201 ; R. v. Saskatchewan Wheat Poo......
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Man. v. Russell Inns Ltd.
...277 ; 507 W.A.C. 277; 2011 MBCA 30 , refd to. [para. 50]. Toronto (City) v. Canadian Union of Public Employees, Local 79 et al., [2003] 3 S.C.R. 77; 311 N.R. 201 ; 179 O.A.C. 291 ; 2003 SCC 63 , refd to. [para. Social Services Administration Board (Parry Sound District) v. Ontario Publi......
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1330 cases
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Howe v. Rees
...decision in the proper forums, it comes from inappropriately circumventing them (Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 , [2003] 3 S.C.R. 77 (S.C.C.), at para. 31 And finally, we come to the doctrine of abuse of process, which too has as its goal the protection of the fairness a......
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Kanyamibwa v. Canada (Minister of Public Safety and Emergency Preparedness)
...(2008), 327 F.T.R. 39; 2008 FC 405, refd to. [para. 57]. Toronto (City) v. Canadian Union of Public Employees, Local 79 et al., [2003] 3 S.C.R. 77; 311 N.R. 201; 179 O.A.C. 291; 2003 SCC 63, refd to. [para. 58]. Sketchley v. Canada (Attorney General) (2005), 344 N.R. 257; 263 D.L.R.(4th) 11......
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Hill v. Hamilton-Wentworth Regional Police Services Board
...1 W.L.R. 1495, [2005] UKHL 24; Hill v. Chief Constable of West Yorkshire, [1988] 2 All E.R. 238; Toronto (City) v. C.U.P.E., Local 79, [2003] 3 S.C.R. 77, 2003 SCC 63 ; Rufo v. Simpson, 103 Cal.Rptr.2d 492 (2001); Ryan v. Victoria (City), [1999] 1 S.C.R. 201 ; R. v. Saskatchewan Wheat Poo......
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Man. v. Russell Inns Ltd.
...277 ; 507 W.A.C. 277; 2011 MBCA 30 , refd to. [para. 50]. Toronto (City) v. Canadian Union of Public Employees, Local 79 et al., [2003] 3 S.C.R. 77; 311 N.R. 201 ; 179 O.A.C. 291 ; 2003 SCC 63 , refd to. [para. Social Services Administration Board (Parry Sound District) v. Ontario Publi......
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5 firm's commentaries
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Ontario Court Of Appeal Summaries (November 5 - 9, 2018)
...not be applied to block the proposed proceedings. The Supreme Court of Canada in Toronto (City) v C.U.P.E. Local 79, 2003 SCC 63, [2003] 3 S.C.R. 77 described issue estoppel and collateral attack as particular applications of the broader doctrine of abuse of process, and that the discretion......
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Ontario Court Of Appeal Summaries (November 27 December, 1 2017)
...is "unencumbered by the specific requirements of concepts such as issue estoppel" Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63, [2003] 3 S.C.R. 77, at para. 37. The doctrine of abuse of process engages the court's inherent jurisdiction to prevent the misuse of its procedure in a way th......
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Loss Transfer And Tort: Never The Twain Shall Meet
...at the HTA proceeding). Arbitrator Rudolph relied heavily upon the Supreme Court of Canada case in Toronto v. C.U.P.E., Local 79, [2003] 3 S.C.R. 77. In siding with the loss transfer applicants, he found that the three tests (fraud, fresh evidence and fairness) were not met by St. Paul, whi......
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Court Of Appeal Summaries (January 23 January 27, 2017)
...Cancellation, Statutory Accident Benefits, Arbitration, Evidence, Abuse of Process, Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63, [2003] 3 S.C.R. 77, Evidence Act, s. On April 25, 2010, a vehicle driven by Patrick Cadieux collided with a truck. Mr. Cadieux's four-year-old son, a passen......
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66 books & journal articles
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Hearsay
...Life Insurance Co (1983), 43 OR (2d) 33 (HCJ). 194 F(K) v White (2001), 198 DLR (4th) 541 (Ont CA) at 564. 195 Toronto v CUPE Local 79 , [2003] 3 SCR 77 at para 46. 196 Ibid at para 43. THE LAW OF EVIDENCE 190 the sexual assault of a boy whom he had supervised. His union grieved his dismiss......
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Table of cases
...FC 128 ....................................................................... 298 Toronto v. C.U.P.E. Local 79, [2003] 3 S.C.R. 7, 232 D.L.R. (4th) 385, 17 C.R. (6th) 276, aff’g (2001), 55 O.R. (3d) 541, 45 C.R. (5th) 354, [2001] O.J. No. 3239 (C.A.) ........ 156, 157 Town of Walkerton v. ......
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Standing apart: separate concurrence and the modern Supreme Court of Canada, 1984-2006.
...(4th) 577. (43) R.S.Q. c. C-12. (44) 2001 SCC 33, [2001] 1 S.C.R. 911, 199 D.L.R. (4th) 385. (45) Ibid. at para. 66. (46) 2003 SCC 63, [2003] 3 S.C.R. 77, 68 O.R. (3d) 799, 232 D.L.R. (4th) 385. (47) Ibid. at para. 61. (48) 2002 SCC 66, [2002] 3 S.C.R. 403, 219 D.L.R. (4th) 701. (49) Ibid. ......
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Trade-marks
...appealed or judicially reviewed. Third parties are bound only in extraordinary circumstances: Toronto (City) v. C.U.P.E., Local 79 , [2003] 3 S.C.R. 77 (arbitrator bound by criminal court verdict). 164 T Act , above note 1, s. 2, def. “trade-mark,” para. (a). Trade-marks 455 Anyone in the c......
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4 provisions
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Canada – Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations Offshore Health and Safety Act
...for one year to a person who (a) has (i) been, for at least three years, the holder of a pilot’s certificate issued pursuant to section 63 or 68, or a document that (A) issued on the basis of training and experience that are equivalent to the training and experience required of a person to ......
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Canada – Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations Offshore Health and Safety Act
...for one year to a person who (a) has (i) been, for at least three years, the holder of a pilot’s certificate issued pursuant to section 63 or 68, or a document that (A) issued on the basis of training and experience that are equivalent to the training and experience required of a person to ......
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Canada – Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations (SOR/2015-6)
...valid for one year to a person who(a) has(i) been, for at least three years, the holder of a pilot’s certificate issued pursuant to section 63 or 68, or a document that is(A) issued on the basis of training and experience that are equivalent to the training and experience required of a pers......
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Canada – Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations (SOR/2015-5)
...valid for one year to a person who(a) has(i) been, for at least three years, the holder of a pilot’s certificate issued pursuant to section 63 or 68, or a document that is(A) issued on the basis of training and experience that are equivalent to the training and experience required of a pers......
