McGrady & Company - Vancouver BC


~ 2004 ~

Sterritt v. Sebastian

Judgement: May 26, 2004

L. McGrady, Q.C. & (V.R.) Sam Black for the plaintiff

"This is an action in defamation. As the Statement of Claim discloses, Mr. Sterritt works as an independent consultant and advisor to many aboriginal nations, including several in this province. He has extensive experience mapping aboriginal territory. He co-authored the book Tribal Boundaries in the Nass Watershed, the subject matter of which is described by the book’s title. Mr. Sterritt was an expert witness for the plaintiffs in the trial of Delgamuukw v. British Columbia...">> MORE


Verville v. Canada (Correctional Services)

Judgement: May 26, 2004

James G. Baugh for the applicant

"On September 24, 2001, Mr. Verville and 15 other correctional officers working in the living units A to H at the Kent maximum security penitentiary in British Columbia refused to carry out their duties because of an alleged danger created by a recent order restricting their ability to carry handcuffs at their discretion..." >> MORE


Thompson v. Palmiere

Judgement: April 16, 2004

James G. Baugh for the applicant

"The underlying dispute concerns the administration of the Cement Masons Apprenticeship and Trade Promotion Fund (the "fund"). The dispute forms the subject matter of allegedly defamatory statements pleaded by the plaintiff in this action..." >> MORE


Richard Frick v. IBEW, Local 213

Judgement: March 8, 2004

L. McGrady, Q.C. and S.S. Deepak for the defendant

"The plaintiff alleges that the defendant Union breached its bylaws and constitution by requiring him to pay Electrical Industry Advancement Fund dues ("EIAF" dues) when he was not working under a collective agreement called the Inside Wiremen's Agreement. In his statement of claim, Mr. Frick alleges that at the time such dues were collected, he was employed by Highway Constructors Ltd. ("HCL") and the collective agreement between HCL and the British Columbia Highway and Related Construction Council governed his employment." >> MORE(in PDF format)


International Brotherhood of Electrical Workers, Local No. 213 v. Pacific Newspaper Group Inc.

Judgment: March 8, 2004

G.J. Baugh, for the plaintiff

"Very briefly, the plaintiff alleges that the ICBA Defendants defamed it in three separate publications in October, 2002 (one article in the Vancouver Sun; one news release issued by the ICBA Defendants and placed on the ICBA web site; and one article in the Journal of Commerce). The alleged defamatory words are set out in paragraphs 9, 20 and 24 of the Statement of Claim. In the case of each of the publications, the alleged "sting" is the same-that the job-targeting scheme was improper, illegal, immoral, fraudulent, and involved conspiracy with contractors..." >> MORE


~ 2003 ~

Expedited Arbitration Between Simon Fraser University and Teaching Support Staff Union

Judgement: May 15, 2003

(V.R.) Sam Black, for the union

" In response to a Position Announcement in late 2001, the Grievor applied to teach a number of courses in the Department of Linguistics, including two sessions of LING 220 (Introduction to Linguistics). As the Grievor was denied both sessional appointments, he grieved claiming a violation of the Collective Agreement. In her opening address, Ms. Black submitted that the Grievor met the requirements for the appointments and was at least equal...">>MORE


Compass Group Canada et al v. Hospital Employees' Union et al

Hearing: December 8 & 9, 2003

G.J. Baugh and V. Black, for Hospital Employees' Union

"The plaintiffs allege that the picketers were members of HEU.  The picketing occurred outside the Plaza 500 Hotel, in Vancouver, where Compass was holding a job fair to recruit employees.  HEU has been
organizing employees of companies that have received contracts for work formerly performed by HEU members in the health care sector in British Columbia...">> MORE

Simon Fraser University (Re)

Judgment: August 29, 2003

Leo McGrady, Q.C. and Maria Koroneos, for CUPE

"CUPE appears as an interested party.  CUPE opposes the application on two principle grounds.  First, CUPE says that APSA is an employer dominated or influenced organization for the purposes of Section 31.  In the alternative, CUPE argues that the certification of an additional bargaining unit is not appropriate for collective bargaining..." >> MORE


Pinot Holdings Ltd. (Re)

Judgment: August 5, 2003

Sarbjit Deepak, for Carpenters, IBEW and BCYBTC

"This case involves a number of different applications relating to bargaining rights at the Capri Hotel and shopping mall.  The Unions apply for a ruling under Section 35 of the Labour Relations Code (the "Code") that RG Properties and PCLIF are successors to Pinot Holdings.">>MORE


Dosanjh v. Treasury Board (Solicitor General Canada - Correctional Service)

Judgement: February 26, 2003

Leo McGrady for the grievor

"Kanwalbir Dosanjh was a Correctional Officer at the Regional Health Centre (RHC), Pacific Region employed by Correctional Service of Canada (CSC).  His employment was terminated effective May 25, 2001, and he filed a grievance concerning this action.  This decision pertains thereto..." >> MORE


Shaw Cablesystems G.P. (Re)

Judgement: January 9, 2003

 Sarbjit S. Deepak, for the certified bargaining agent

"The two matters arise out of applications...requesting that the Board issue an order revoking the certification of each of two bargaining units represented by the International Brotherhood of Electrical Workers in respect of two operations of Shaw Cablesystems G. P. in British Columbia, one at White Rock, the other in the North and West Vancouver areas." >>MORE(in PDF format)


Woodward's Squat Case

November 20, 2003

Leo McGrady, Q.C., Solicitor for the Intervenor

"The BC Civil Liberties Association says that the property in question is public property, and that what flows from that, in terms of the Defendants' constitutional rights, is fundamentally different than if the Plaintiff was a true private property owner. This is made clear in many of the cases involving freedom of expression involving public property..." >> MORE


~ 2002 ~

Woodward Injunction- Argument of the Intervenor (Nov 2002)

Open Decision

Regina v. CPR & Tony Silva

Date: June 20, 2002

L. McGrady for Tony Silva

"Shawn Ormshaw died beneath a piece of equipment on which he was working. This was at the Canadian Pacific Railway yards in Golden, British Columbia on June 22, 2000. Nearly a year later, charges were laid under the Canada Labour Code against a crane operator, a mid-level supervisor, and the Railway.">>MORE(in PDF format)


Emral Enterprises Ltd. (Re) 2001

Heard: June 16, 2000, March 27-30, 2001

G. James Baugh, for the ILWU

"The reason at the heart of the Companies' effort is that the remaining deckhand position which existed on the Britannia had approximately 15 minutes of meaningful non-exclusive work assigned to it consisting of tying and untying the vessel at the start and end of each voyage.  The same work was and is performed on the other vessels by Guild members as an incidental duty..." >> MORE


Emral Enterprises Ltd. (Re) 2002

January 10, 2002

G. James Baugh, for the Union

"After a series of proceedings before the Board relating to the restructuring of the Companies and their request for consolidation of bargaining units, it became evident after-the-fact that a representative of the Companies had given erroneous testimony about the name of the corporate entity operating the harbour cruise business at the time of a transfer in 1998..." >> MORE


~ 2001 ~

Meyer v. Chouhan

Judgment: October 17, 2001

G. James Baugh, for the defendants, Raj Chouhan, Hospital Employees' Union and Linda Hargreaves

"The Plaintiff is suing the Defendants for damages for defamation arising out of a television news broadcast on September 1, 1999. The Defendants Chouhan, Hospital Employees' Union and Hargreaves (the "Defendants") have pleaded, inter alia, that the words constitute "fair comment". In the statement of defence, the Defendants particularize the defence by reference to three documents which set out details of alleged conduct by the Plaintiff..." >> MORE


Original Cakerie Ltd. (Re)

Judgment: June 7, 2001

James Baugh, for the Union

"The Employer applied under Sections 5, 11, 59 and 60 of the Labour Relations Code (the "Code") for a declaration that the manner in which the Union conducted its strike vote constituted an unfair labour practice and bargaining in bad faith and that the Union's strike vote was invalid because the parties had not bargained collectively in accordance with the Code.  The Employer subsequently withdrew its unfair labour practice and bargaining in bad faith complaints..." >> MORE


Royal Oak Mines v. Canada

~ 1995 ~

October 30, 1995

Leo McGrady, for the Union

"The unionized workers of Royal Oak Mines voted overwhelmingly to reject a tentative agreement put forward by the appellant. A bitter and violent 18-month strike, which affected the whole community, occurred. Various attempts to effect a settlement were made during the strike...">> MORE



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