Case information
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32073
Hélène Landry v. Institut de réadaptation en déficience physique de Québec, et al.
(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) |
|---|---|---|
| 2007-12-10 | Close file on Leave | |
| 2007-12-10 | Certificate of taxation issued to, Giuseppe Sciortino | |
| 2007-12-07 | Decision on the bill of costs, in the amount of $1,135.32, Reg | |
| 2007-12-07 | Submission of the bill of costs, Reg | |
| 2007-10-29 | Bill of costs, Completed on: 2007-10-29 | Canadian Union of Public Employees, Local 1751 |
| 2007-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-09-21 | Judgment on leave sent to the parties | |
| 2007-09-20 |
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 (Québec), Number 200-09-005833-071, dated April 2, 2007, is dismissed with costs. Dismissed, with costs |
|
| 2007-07-30 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-07-03 | Respondent's response on the application for leave to appeal, (Letter Form), from R. Cloutier dated July 3, 2007 (fax copy)(original received July 5, 2007), Completed on: 2007-07-03 | Canadian Union of Public Employees |
| 2007-06-29 | Respondent's response on the application for leave to appeal, Completed on: 2007-06-29 | Canadian Union of Public Employees, Local 1751 |
| 2007-06-22 | Respondent's response on the application for leave to appeal, (Letter Form), Rec'd from Jean-Hugues Fortin dated June 19, 2007., Completed on: 2007-06-22 | Institut de réadaptation en déficience physique de Québec |
| 2007-06-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-06-01 | Application for leave to appeal, Vol. 1 to 4, Completed on: 2007-06-04 | Hélène Landry |
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 |
|---|---|---|
| Landry, Hélène | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Institut de réadaptation en déficience physique de Québec | Respondent | Active |
| Canadian Union of Public Employees, Local 1751 | Respondent | Active |
| Canadian Union of Public Employees | Respondent | Active |
Counsel
Party: Landry, Hélène
Counsel
Québec, Quebec
G1W 4W5
Telephone: (418) 656-9559
FAX: (418) 656-1182
Email: avocats@fredericst-jean.com
Party: Institut de réadaptation en déficience physique de Québec
Counsel
400 - 3075, chemin des Quatre-Bourgeois
Québec, Quebec
G1W 4X5
Telephone: (418) 651-9900
FAX: (418) 651-5184
Email: avocats@pothierdelisle.com
Party: Canadian Union of Public Employees, Local 1751
Counsel
1717, boul. René-Lévesque Est
Bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414 Ext: 314
FAX: (514) 525-5134
Email: gsciortino@mmgs.qc.ca
Party: Canadian Union of Public Employees
Counsel
565, boul. Crémazie est, bureau 7100
Montréal, Quebec
H2M 2V9
Telephone: (514) 384-9681
FAX: (514) 384-4891
Email: rcloutier@scfp.ca
Summary
Keywords
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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.
Civil procedure – Preliminary exceptions – Motion to dismiss appeal – Whether Court of Appeal arbitrarily allowed motion to dismiss appeal – Action to set aside arbitration award – Whether Superior Court erred in finding no collusion between union and employer – Whether Superior Court erred in finding that employer had behaved properly toward Applicant – Whether Superior Court erred in finding that union had not violated its duty to represent and advise.
Ms. Landry was employed by the Institut de réadaptation en déficience physique de Québec between 1969 and 2000, mainly as a secretary. She filed a grievance with her union after being dismissed by her employer on March 10, 2000. On March 13, 2002, the grievances arbitrator dismissed her grievance and found that, in the circumstances, she had been dismissed for just cause.
Ms. Landry then brought an action in the Superior Court against the employer and the Respondent unions seeking to have the arbitrator's decision set aside and seeking reinstatement in her job as well as compensatory and exemplary damages. She alleged, inter alia, that the unions had failed to advise her properly and represent her rights and had acted in complicity and collusion with the employer.
The Superior Court dismissed Ms. Landry's action. On appeal, the Court of Appeal allowed a motion by one of the unions under art. 501, paras. 4.1 and 5 C.C.P. and dismissed the appeal.
Lower court rulings
Superior Court of Quebec
200-05-017449-021
Rejette l'action de la demanderesse
Court of Appeal of Quebec (Québec)
200-09-005833-071
Rejette l'appel
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
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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
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