Case information

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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.

Administrative law – Civil procedure – Jurisdiction – Res judicata – Whether the Superior Court erred in concluding that it did not have jurisdiction over the Applicant’s motion for declaratory judgment – Whether the Superior Court and the Court of Appeal erred in concluding that the Commission des relations du travail had exclusive jurisdiction in the circumstances – Whether the Superior Court and the Court of Appeal erred in characterizing the parties’ dispute – Whether the Superior Court and the Court of Appeal erred in drawing conclusion based on res judicata – Whether the Court of Appeal failed to exercise its judicial discretion properly and failed to observe principles of natural justice and procedural fairness.

The Applicant was a unionized employee whose position was abolished by his employer, McGill University, on February 23, 2009. Thereafter, the Applicant requested that the Respondent file a number of grievances against McGill University before the Commission des relations du travail (“CRT”). The parties entered into an agreement in this regard pursuant to which the Respondent accepted to retain the services of a lawyer of the Applicant’s choice, upon the condition that the Applicant would pay for part of his lawyer’s fees (i.e. the difference between the fees charged by the lawyer ordinarily retained by the Respondent and the lawyer chosen by the Applicant). The Applicant subsequently filed a complaint with the CRT against the Respondent alleging that the latter had refused to give effect to the above-mentioned agreement and had arbitrarily revoked it. The CRT dismissed this complaint and the Applicant did not seek administrative review or revocation of this decision, nor did he seek judicial review. A few months later, the Applicant made a motion for declaratory judgment before the Superior Court of Québec seeking a declaration to the effect that, inter alia, the agreement at issue is valid and has been infringed by the Respondent.