Judgment of the Court — Sopinka J.
The judgment of the Court was delivered by
Sopinka J. ‑‑ The respondent Greenhills Workers' Association moved to quash the applications for leave to appeal brought by the applicants on the ground that this Court had no jurisdiction to grant leave to appeal from the refusal of a provincial appellate court to grant leave to appeal to that court on a matter arising under the Companies' Creditors Arrangement Act , R.S.C., 1985, C‑36 ("CCAA"). We are all of the view that this Court does have jurisdiction.
Section 15(1) CCAA provides that an appeal from a provincial court of highest resort lies to this Court upon leave being granted by this Court and s. 15(2) further states that this Court has "jurisdiction to hear and to decide according to its ordinary procedure any appeal under subsection (1)". In the absence of any restrictions placed by the CCAA upon the jurisdiction of this Court to grant leave to appeal, the reasoning in MacDonald v. City of Montreal, [1986] 1 S.C.R. 460, applies such that this Court has a discretion to grant leave to appeal from a decision of a provincial appellate court refusing leave to appeal to that court and to hear the appeal on the merits.
The motion to quash the applications for leave to appeal is dismissed and the applications for leave to appeal are granted.
Judgment accordingly.
Solicitors for Bell et al.: Farris, Vaughan, Wills & Murphy, Vancouver.
Solicitors for United Mine Workers of America International Union et al.: McCarthy Tétrault, Calgary.
Solicitors for Greenhills Workers' Association: Lindsay Kenney, Vancouver.
Cases cited
- MacDonald v. City of Montreal 17528-1986-05-01
Statutes and regulations cited
-
Unresolved citations
- subsection (1)