File Number: __________________
IN THE SUPREME COURT OF CANADA
(ON APPEAL FROM THE COURT OF APPEAL OF ALBERTA)
BETWEEN:
NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY ACADEMIC
STAFF ASSOCIATION
Applicant
(Respondent)
- and -
BOARD OF GOVERNORS OF THE NORTHERN
ALBERTA INSTITUTE OF TECHNOLOGY
Respondent
(Appellant)
NOTICE OF APPLICATION FOR LEAVE TO
APPEAL
NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY ACADEMIC STAFF
ASSOCIATION, APPLICANT
PURSUANT TO S. 40(1) OF THE SUPREME COURT
ACT
TAKE NOTICE that the Northern Alberta Institute of
Technology Academic Staff Association (the “Association”) hereby
applies for leave to appeal to the Court, pursuant to section 40 of the
Supreme Court Act, R.S.C. 1985, c. S-26, as amended, from a portion of
the judgment of the Court of Appeal of Alberta, Docket 0203-0425-AC made
February 18, 2004, and for such further or other order that the said Court may
deem appropriate. The portion of the judgment from which leave to appeal is
sought is the determination that the Association members are not entitled to a
portion of the demutualization proceeds.
AND FURTHER TAKE NOTICE
that this application for leave is made on the following grounds:
1. The Association submits that this case raises the following issues of
public and national importance, and of legal significance:
A. What is compensation for work?
i) Do employer paid benefits form part of an employee’s
compensation?
ii) What is the impact of the Court of Appeal’s decision on
collective bargaining?
iii) There are irreconcilable decisions across Canada.
B. What is the group insurance policy and what is the role of an employer
in obtaining and maintaining such a policy:
i) Does an employer have a legal interest in a group insurance
policy?
ii) Is the employer acting as an agent or in some other fiduciary
capacity?
C. The Court of Appeal decision adds to the uncertainty in the
jurisprudence about the status of benefits in the non-unionized employment
context.
Dated at the City of Edmonton, in the Province of Alberta, this
13th day of April, 2004.
SIGNED
BY:
_________________________________
CHIVERS CARPENTER
Barristers & Solicitors
#101, 10426 – 81 Avenue
Edmonton
Alberta T6E 1X5
Tel: (780) 439-3611
Fax: (780) 439-8543
e-mail:
rkhullar@chiverslaw.com
Ritu
Khullar
Counsel for the Applicant
Northern Alberta Institute of Technology Academic Staff
Association
ENGELMANN GOTTHEIL
Barristers & Solicitors
500-30 Metcalfe Street
Ottawa Ontario
K1P 5L4
Tel: (613) 235-5327
Fax: (613) 235-3041
Jula Hughes
Agent for the Applicant
Northern Alberta Institute of Technology Academic Staff
Association
ORIGINAL TO:
THE REGISTRAR
Supreme Court of Canada
Ottawa, Ontario
COPIES TO:
DAVIS & COMPANY
1201 Scotia Place 2 Tower
10060 Jasper Avenue
Edmonton Alberta T5J 4E5
Tel: (780) 426-5330
Fax: (780) 428-1066
e-mail: rwhite@davis.ca
Robert B. White, Q.C.
Counsel for the Respondent
Board of Governors of the Northern Alberta Institute
of Technology
NOTICE TO THE RESPONDENT: A respondent may serve and file a memorandum
in response to this application for leave to appeal within 30 days after service
of the application. If no response is filed within that time, the Registrar
will submit this application for leave to appeal to the court for consideration
pursuant to section 43 of the Supreme Court Act.
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