Case information

None.

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 – Action in damages for unlawful dismissal dismissed ex parte – Cancellation and judicial review of that decision later refused because of unjustified absence and prescription - Scope of action extended to the members of the Tribunal, the Bar and two ministers – Applicant declared vexatious pleader – Was the applicant’s action dismissed unfairly?

Mr. Nersézian used to work for Jabez as an industrial robotics researcher. He claims to be the conceptor of Robotmaster, a much successful program that benefited the company. After his dismissal on October 29, 2007, he filed a complaint before the Commission des relations de travail. By the time the Commission was ready to hear the case, in June 2008, Mr. Nersérian was depressed and not ready to proceed. In his absence, commissioner Vignola dismissed the complaint. The Commission later refused to reconsider the case, absent a sufficient reason for the absence. The Superior Court refused a judicial review in March 2010 on the ground that the applicant had been negligent. The applicant then filed a new action in damages directed against several defendants including commissioners, ministers and the Bar.