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77-T-609
Teamsters Union, Local 106, Robert Duguay and Florian Brunet (Applicants)
v.
Motorways Québec Limitée (Respondent)
and
General Merchandise Transport Division of the Motor Transport Industrial Relations Bureau of Quebec Inc. (Mis -en-cause)
Trial Division, Marceau J.—Montreal, August 15; Ottawa, August 29, 1977.
Practice Motion by applicants to file and register arbi tration decision pursuant to s. 159 of Canada Labour Code Respondent's application to stay proceedings, pursuant to s. 50(1) of Federal Court Act Whether or not application for filing and registration can be stayed for reason in second motion Canada Labour Code, R.S.C. 1970, c. L- I, s. 159 Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 50(1).
Two related motions were filed, one by each party. The first, submitted by the two employees and their Union, was a motion to have a decision of an Arbitration Board filed and registered, pursuant to section 159 of the Canada Labour Code. The second motion, submitted by the respondent company, is to obtain a stay of proceedings relating to the arbitration decision, pursuant to section 50(1) of the Federal Court Act. Proceed ings to set aside the arbitration decision had been brought in a provincial court. The question is whether the application for filing and registration can itself be stayed for the reason put forward in the second motion.
Held, filing and registration will be authorized, but the execution proceedings which could arise therefrom are stayed until there is a decision to set aside the decision. The Court must rule on the application for filing, and only when the application is found to be admissible and filing is authorized can the Court, relying on Rule 1909, consider a stay of the proceedings giving effect to the decision. The Court is satisfied that the requisite conditions for filing, particularly refusal to comply with the decision, are fulfilled, and that the decision as written is capable of having the same effect as a judgment of this Court; it cannot refuse the application to file and register.
Tardif v. Verreault Navigation Inc. [1978] 1 F.C. 815, applied. International Association of Longshoremen, Local 375 v. Association of Maritime Employers (1975) 52 D.L.R. (3d) 293, applied. International Brotherhood of Electrical Workers, Local Union, No. 529 v. Central Broadcasting Company Ltd. [ 1977] 2 F.C. 78, applied.
APPLICATIONS.
COUNSEL:
Gino Castiglio for applicants. H. Dizgum for respondent.
SOLICITORS:
Décary, Jasmin, Rivest, Laurin & Castiglio, Montreal, for applicants.
Mendelson, Selick, Gross & Pinsky, Mont- real, for respondent.
The following is the English version of the reasons for order rendered by
MARCEAU J.: Two related motions have been filed, one by each party. I intend to dispose of them together.
The first is a motion to have filed and registered a decision of an Arbitration Board dated April 21, 1977. It is submitted by the two employees in favour of whom the decision was rendered, and their Union, and relies on section 159 of the Canada Labour Code, which reads as follows:
159. (1) Where any person or organization has failed to comply with any order or decision of an arbitrator or arbitra tion board, any person or organization affected by the order or decision may, after fourteen days from the date on which the order or decision is made, or the date provided in it for. compliance, whichever is the later date, file in the Federal Court of Canada a copy of the order or decision, exclusive of the reasons therefor.
(2) On filing in the Federal Court of Canada under subsec tion (1), an order or decision of an arbitrator or arbitration board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order or decision were a judgment obtained in the Court.
The second is submitted by the respondent com pany, the employer, in order to obtain a stay of proceedings relating to the said arbitration deci sion: it refers to section 50(1) of the Federal Court Act' and alleges essentially that proceedings to set aside the arbitration decision, which it is sought to file and register, have been brought before the
' 50. (1) The Court may, in its discretion, stay proceedings in any cause or matter,
(a) on the ground that the claim is being proceeded with in another court or jurisdiction; or
(b) where for any other reason it is in the interest of justice that the proceedings be stayed.
Superior Court of the Province of Quebec.
The link between the two motions, obvious though it is, still poses a question of some apparent perplexity, that may even put in issue the very role of the Court in dealing with a motion under sec tion 159 of the Canada Labour Code. The question is whether the application for filing and registra tion can itself be stayed for the reason put forward in the second motion, as the respondent apparently wishes. However, on reflection, I have come to the conclusion that the Court must first rule on the application for filing, and only when the applica tion is found to be admissible and filing authorized can the Court, relying on Rule 1909 of the Gener al Rules and Orders, consider a stay of the pro ceedings giving effect to the decision.
In a decision that I rendered several days ago, on August 23 last, in Tardif v. Verreault Naviga tion Inc. [1978] 1 F.C. 815, I explained what appeared to me to be the role of the Court in dealing with a motion under sections 123 or 159 of the Canada Labour Code, both provisions having essentially the same effect. I based my opinion on two previous decisions of this Court: International Association of Longshoremen, Local 375 v. Asso ciation of Maritime Employers (1975) 52 D.L.R. (3d) 293, and International Brotherhood of Elec trical Workers, Local Union, No. 529 v. Central Broadcasting Company Ltd. [1977] 2 F.C. 78. I do not believe it is essential to review all of this here. It will suffice to say that in my opinion, if the Court is satisfied in dealing with an application for filing that, on the one hand, the requisite condi tions for such filing, particularly refusal to comply with the decision, are fulfilled, and on the other hand, the decision as written is capable of having the same effect as a judgment of this Court, it cannot refuse the application.
Even though the affidavit filed in support of the motion is debatable, there is no doubt, having regard to the whole of the case, that the requisite conditions for filing have been met. Even though the wording of the decision bears little resem blance to the wording of a judgment of this Court, the decision itself is still sufficiently precise and
clear that it may have the same effect as a judg ment of this Court, since it consists solely of an order to pay an exact sum, easily determinable from a calculation, all the factors in which are given.
The motion for filing and registration is there fore granted.
However, under the authority of section 50 of its enabling Act or of Rule 1909 of the General Rules and Orders, the Court has the power to order a stay of the proceedings to which the filing and registration of the order could give rise. I believe that this discretionary power should be exercised as requested by the respondent company.
I do not have occasion to rule on the merit of the proceedings to set aside brought by respondent. It is sufficient to note that the proceedings were validly brought, and are pending, and that respondent's interest in delaying execution of the decision until its validity is finally settled is a real interest, given the repercussions that the situation thus created may have; while on the other hand, the pecuniary interest of employee-applicants, which would be served without delay by immediate execution, is minimal, being in the amounts of $29.19 and $10.80.
Filing and registration will be authorized, but the execution proceedings which could arise from such filing and registration are stayed until there is a decision on the action to set aside the decision, now pending before the Superior Court of the Province of Quebec under Case No. 500-05- 01426-772 of that Court.
In the circumstances, I believe that costs should not be awarded against either of the parties.
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