Case information
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33985
Commission scolaire des Patriotes v. Syndicat de l'enseignement de Champlain, 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) |
|---|---|---|
| 2011-04-29 | Close file on Leave | |
| 2011-04-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-04-26 | Judgment on leave sent to the parties | |
| 2011-04-21 |
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 (Montréal), Number 500-09-018490-086, 2010 QCCA 1874, dated October 19, 2010, is dismissed with costs to the respondent Syndicat de l’enseignement de Champlain. Dismissed, with costs |
|
| 2011-03-21 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2011-02-01 | Respondent's response on the application for leave to appeal, Service missing (rec'd Feb.4/11), Completed on: 2011-02-07 | Syndicat de l'enseignement de Champlain |
| 2010-12-21 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-12-17 | Application for leave to appeal, Final CA Order signed is required (rec'd Jan.7-11), Completed on: 2011-01-07 | Commission scolaire des Patriotes |
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 |
|---|---|---|
| Commission scolaire des Patriotes | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat de l'enseignement de Champlain | Respondent | Active |
| Marcel Morin in his capacity as grievance arbitrator | Respondent | Active |
Counsel
Party: Commission scolaire des Patriotes
Counsel
François Longpré
1000, rue De La Gauchetière Ouest
bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-2543
FAX: (514) 954-1905
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Syndicat de l'enseignement de Champlain
Counsel
Pierre Brun
1717, boul. René-Levesque Est
bureau 300
Montréal, Quebec
H2L 4T3
Telephone: (514) 525-3414
FAX: (514) 525-2803
Email: dlavoie@mmgs.qc.ca
Party: Marcel Morin in his capacity as grievance arbitrator
This party is not represented by counsel.
Summary
Keywords
None.
Summary
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Administrative law – Standard of review – Labour law – Arbitration award finding that school board not required to protect employment relationship of teacher who was sick and unable to work – Whether Court of Appeal disregarded principle of deference by not applying standard of reasonableness on appeal from judicial review – Whether Court of Appeal disregarded principle of deference by not verifying whether elements of reasonableness present in administrative decision under review – Whether Court of Appeal could legitimately find it unreasonable to conclude that contract teacher on indefinite sick leave could not require accommodation.
A teacher had been employed by the applicant school board since 1999; she was not a permanent employee, but her name was on the priority call back list for each school year. At the end of the 2003 2004 school year, she was hospitalized suddenly with catatonic encephalitis. In the summer of 2004, while she was in the hospital, she was asked to fill out forms stating her availability. Her spouse provided a medical certificate stating that she was disabled for an indeterminate period. In August, a choice of assignment authorized by N.T. was sent to the school board, which rejected it. Since the teacher was unable to work, she did not receive any wage insurance benefits. The union filed a grievance. The teacher, who was hospitalized for a year, returned to work after two years. The arbitrator dismissed the grievance on the ground that the total disability of the teacher, a contract employee, prevented a contract from being awarded to her.
Lower court rulings
Superior Court of Quebec
2008 QCCS 811, 505-05-009031-078
Rejet d'une demande de contrôle judiciaire de la sentence arbitrale.
Court of Appeal of Quebec (Montréal)
2010 QCCA 1874, 500-09-018490-086
Appeal accueillil; déclaration prononcée à l'effet que l'enseignante avait droit à des affectations pour les deux années en litige; dossier retourné à un arbitre pour déterminer la réparation appropriée.
Filed documents
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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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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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