Case information

Administrative law — Boards and tribunals — Commission des normes, de l’équité, de la santé et de la sécurité du travail — Procedure — Whether administrative decision declared null ab initio can continue to produce effects to detriment of individual — Whether individual is prohibited from applying for mandamus to enforce decision that is final and without appeal if another administrative remedy, for other reasons, could potentially lead to similar result.

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.

Between 2007 and 2010, Halima Mhaichar was the victim of an industrial accident, an automobile accident and a criminal offence. She filed claims for compensation with three administrative bodies: the Commission de la santé et de la sécurité du travail, the Société de l’assurance automobile du Québec and Indemnisation des victimes d’actes criminels. After spending many years before those administrative bodies, she filed an application for judicial review (mandamus) with the Quebec Superior Court seeking an order to force the Commission des normes, de l’équité, de la santé et de la sécurité du travail to pay her $111,434.49 as an income replacement indemnity (plus interest) pursuant to a decision rendered by the Administrative Labour Tribunal on February 25, 2016. A judge of the Quebec Superior Court declined jurisdiction and dismissed the application for mandamus. An appeal to the Quebec Court of Appeal was dismissed.