Canadian Brotherhood of Railway, Transport and General Workers v. Victoria Flying Services Ltd.

[1979] 1 SCR 95 Court SCC Decision date 1978-11-21 English

PartiesCanadian Brotherhood of Railway, Transport and General Workers Appellant·Victoria Flying Services Ltd. Respondent·Canada Labour Relations Board Intervener

Counsel (5)

M.W. Wright, Q.C., and A. Raven, for the appellant.
No one for the respondent.
Solicitors for the appellant: Soloway, Wright, Houston, Greenberg, O’Grady & Morin, Ottawa.
Solicitors for the respondent: Hallatt, Sullivan, Smith, Stewart & Gow, Victoria.
Solicitors for the intervener: Russell & DuMoulin, Vancouver.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves

Delivered by Majority

On appeal from Federal Court of Appeal

Subjects Labour law

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that this appeal must be allowed. The Canada Labour Relations Board did not, as the Federal Court of Appeal said, disregard the evidence of opposition to the Union, but rather weighed the evidence and found it unworthy of credit. This was a matter for the Board and was not subject to review by the Federal Court of Appeal.

[Page 96]

We are also of the opinion that the issue in this case concerned an alleged error of law by the Board and that there was no jurisdictional question involved. Consequently, it is not a case in which the Board itself was entitled to be heard.

In the result, the judgment of the Federal Court of Appeal is set aside and the certification order is restored.

Judgment accordingly.

Solicitors for the appellant: Soloway, Wright, Houston, Greenberg, O’Grady & Morin, Ottawa.

Solicitors for the respondent: Hallatt, Sullivan, Smith, Stewart & Gow, Victoria.

Solicitors for the intervener: Russell & DuMoulin, Vancouver.

Footnotes

[1] (1977), 78 CLLC 14, 118.