Case information

Charter of Rights — Fundamental justice — Administrative law — Administrative Labour Tribunal — Procedure — Natural justice — Labour relations — Unions — Duty of fair representation — Grievances filed against employer — Employee brought action alleging union breached its duty of fair representation — Provincial administrative tribunal dismissing employee’s complaint on basis that he failed to appear at hearing — Tribunal dismissing application for revocation of first judgment — Superior Court dismissing application for judicial review of both decisions — Court of Appeal dismissing application for leave to appeal — Whether judges who decide cases that concern issue of COVID vaccination must be completely neutral on this subject — Whether decision makers in this case created dangerous jurisprudence that gives judges absolute power to dismiss matter without deciding case on merits merely because applicant did not appear before them at hearing, absolute power to reject evidence and to require that burden of proof should be met only by oral testimony of applicant before them at hearing, and absolute power to consider matter to be [TRANSLATION] “a complete discontinuance of proceedings” if applicant does not appear at hearing in person — Whether Canadian citizens have right to independent and impartial tribunals that ensure rights of each individual to equality before law and protection of law and that give no advantage to one party to detriment of other — Standard of review that is applicable to administrative decision that dismisses matter without ruling on cases on merits — Whether Canadian citizens have right to reasoned and well founded decisions, based on serious analysis of application and evidence, and that rely on applicable rules of legislation without defending reasons and conclusions of courts below — Act to establish the Administrative Labour Tribunal, CQLR, c. T 15.1, ss. 38, 49 — Code of Civil Procedure, CQLR, c. C 25.01, art. 30.<br>

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.

The applicant, Neculai Otoman, filed a complaint against his union — the respondent Syndicat des Métallos, section locale 15399 (“Union”). The intervener/mis en cause the Administrative Labour Tribunal (“ALT”) decided the matter and dismissed Mr. Otoman’s complaint. The ALT then dismissed an application by Mr. Otoman for revocation of the first decision.

The Quebec Superior Court dismissed the application for judicial review of the two ALT decisions, filed by Mr. Otoman. A Quebec Court of Appeal judge sitting alone dismissed Mr. Otoman’s application for leave to appeal the Superior Court’s decision.