Case information
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30172
Fillion et Frères (1976) inc. v. Syndicat national des employés de garage du Québec inc. (C.S.D.)
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-03-20 | Appeal closed | |
| 2006-03-20 | Certificate of taxation issued to, Lang, Michener | |
| 2006-03-16 | Decision on the bill of costs, taxed at the amount of $9,513.95, Reg | |
| 2006-03-16 | Submission of the bill of costs, Reg | |
| 2006-02-27 | Bill of costs, Completed on: 2006-03-01 | Fillion et Frères (1976) inc. |
| 2006-01-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-01-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-01-27 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Cha, The appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-09-003550-016, dated December 9, 2003, heard on February 16, 2005 is allowed with costs throughout. The judgment of the Court of Appeal is set aside, the judgment of the Superior Court is restored and the appellant's motion to quash the arbitration decision is granted. The Chief Justice and LeBel and Fish JJ. are dissenting. Allowed, with costs |
|
| 2005-03-23 | Correspondence received from, change of name: Raija Pulkkinen is the Ottawa agent for Engelmann, Gottheil (fax copy)(joint with 30171, 30634, 30774, 30712, 30770) | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2005-03-02 | Transcript received, (65 pages) - joint with 30171 | |
| 2005-02-16 | Judgment reserved OR rendered with reasons to follow | |
| 2005-02-16 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2005-02-16 |
Hearing of the appeal, 2005-02-16, CJ Ba Bi LeB De F Cha Judgment reserved |
|
| 2005-02-08 | Correspondence received from, Georges Marceau dated Feb. 8/05 joint with a text from Fernand Morin entitled: Convention collective sous le prisme du nouveau Code civil (distributed to the Court on Feb. 11/05)(joint with 30171) | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2005-02-02 | Notice of appearance, Guy C. Dion and Jasmin Marcotte will be present at the hearing. | Fillion et Frères (1976) inc. |
| 2004-12-10 | Correspondence received from, J. Hughes (by fax) re: confirming Georges Marçeau is the respondent's counsel | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-02-16 Judgment reserved |
|
| 2004-10-15 | Appeal perfected for hearing | |
| 2004-10-13 | Respondent's book of authorities, (joint with 30171), Completed on: 2004-10-13 | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2004-10-13 | Respondent's factum, (joint with 30171), Completed on: 2004-10-13 | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2004-08-18 | Appellant's book of authorities, (2 vols.), Completed on: 2004-08-18 | Fillion et Frères (1976) inc. |
| 2004-08-18 | Appellant's record, (2 vols.), Completed on: 2004-08-18 | Fillion et Frères (1976) inc. |
| 2004-08-18 | Appellant's factum, Completed on: 2004-08-18 | Fillion et Frères (1976) inc. |
| 2004-06-04 | Notice of appeal, Completed on: 2004-06-04 | Fillion et Frères (1976) inc. |
| 2004-05-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-05-07 | Judgment on leave sent to the parties | |
| 2004-05-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-09-003550-016, dated December 9, 2003, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2004-04-05 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-03-08 | Respondent's response on the application for leave to appeal, (joint with 30171), Completed on: 2004-03-08 | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2004-02-19 | Correspondence received from, Johanne Drolet dated 02/19/04 re: is now counsel for the respondent | Syndicat national des employés de garage du Québec inc. (C.S.D.) |
| 2004-02-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-02-06 | Application for leave to appeal, Completed on: 2004-02-06 | Fillion et Frères (1976) inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Fillion et Frères (1976) inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat national des employés de garage du Québec inc. (C.S.D.) | Respondent | Active |
Counsel
Party: Fillion et Frères (1976) inc.
Counsel
Jasmin Marcotte
Sébastien Gobeil
Benoit Mailloux
140, Grande-Allée Est, bureau 800
Québec, Quebec
G1R 5M8
Telephone: (418) 640-2016
FAX: (418) 647-2455
Email: gdion@qc.fasken.com
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Syndicat national des employés de garage du Québec inc. (C.S.D.)
Counsel
300 - 1717 boul. René-Lévesque Est
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414
FAX: (514) 525-2803
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
On November 24, 1997, the Appellant Fillion et Frères (1976) Inc. gave notice to all its employees that it would be shutting down its auto sales and repair business by January 16, 1998 at the latest. The parties are bound by a collective agreement entered into between the Corporation des concessionnaires d’automobiles de la régionale de Québec and the Respondent union. As the collective agreement said nothing about what was to happen were the business to shut down, the Appellant sent its employees notices of termination in accordance with the Act respecting labour standards, R.S.Q., c. N-1.1.
On January 16, 1998, the union filed a grievance seeking compensation in lieu of notice equivalent to four weeks of salary per year of service for each employee. The union’s claim was based on art. 2.01 of the collective agreement and arts. 2091 and 2092 of the Civil Code of Québec.
At the grievance hearing, the Appellant argued that the arbitrator lacked jurisdiction and that the grievances were prescribed. The arbitrator rejected the prescription argument and also decided that he had full jurisdiction to hear the grievances. On March 9, 2001, the Superior Court granted the Appellant’s motion for judicial review and set aside the arbitrator’s award. On December 9, 2003, for the reasons given in Isidore Garon Ltée v. Syndicat du bois ouvré de la région de Québec, the Court of Appeal allowed the Respondent’s appeal, set aside the Superior Court’s judgment, restored the arbitrator’s award and referred the matter back to the arbitrator to decide the grievances on their merits. Isidore Garon Ltée has also been appealed to this Court (30171).
Lower court rulings
Superior Court of Quebec
200-05-013979-005
Requête de la demanderesse en révision judiciaire accueillie, sentence arbitrale intérimaire annulée, recours de l'intimé réservé
Court of Appeal of Quebec (Québec)
200-09-003550-016
Appel accueilli, jugement infirmé, sentence arbitrale rétablie, dossier retourné devant l'arbitre pour trancher le grief au fond
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available