PRACTICE |
Judgments and Orders |
Reversal or Variation |
Cargill Ltée v. Syndicat national des employés de Cargill Ltée (CNTU)
A-224-01
2002 FCA 269, Nadon J.A.
20/6/02
7 pp.
Application for judicial review of Canada Industrial Relations Board decision to re-examine and vary its order made on June 23, 2000 regarding applicability of Canada Labour Code, s. 87.7(1), to facts of case at bar--Board extended scope of first order, as it completely revised inter alia concept of "loading" in order--Made order on June 23, 2000 limiting operations subject to order to those having to do with docking, equipping and loading grain on ship--Order did not cover unloading of bulk carriers or handling of grain-- Could not be said order of March 21, 2001 not variance of order of June 23, 2000--Section 87.7(3) cannot authorize Board to re-examine, quash or vary order of June 23, 2000 --As Board opted for plaintiff's argument that operations subject to s. 87.7(1) limited to "unloading" operations, could not in connection with application by defendant for particulars make another order varying order made on June 23, 2000-- Consequently, Board made error justifying Court's intervention--Effect of order of March 21, 2001 to create new rights--Application allowed--Canada Labour Code, R.S.C., 1985, c. L-2, s. 87(7) (as enacted by S.C. 1998, c. 26, s. 37).