Case information
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41604
Armand M’Batika Kiam v. Syndicat des professeurs de l'État du Québec
(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) |
|---|---|---|
| 2025-10-29 | Close file on Leave | |
| 2025-10-29 | Correspondence (sent by the Court) to, the applicant - Letter by the Registrar - Nothing further | |
| 2025-08-26 |
Reconsideration not accepted for filing, Letter by the Registrar (sent by email) |
|
| 2025-08-07 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-06-23 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2025-06-26, (Printed version filed on 2025-06-24) | Armand M’Batika Kiam |
| 2025-05-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-22 | Judgment on leave sent to the parties | |
| 2025-05-22 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The time to serve and file the reply is extended to March 21, 2025, pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-030928-246, 2024 QCCA 496, dated April 23, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-05-22 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-03-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-31 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-03-24 | Supplemental document, (Letter Form), (Printed version filed on 2025-03-25) | Armand M’Batika Kiam |
| 2025-03-21 |
Reply to the motion to extend time to file and/ or serve the leave application, (Book Form), Missing: - Motion for extension of time, Completed on: 2025-03-31, (Printed version filed on 2025-03-25) |
Armand M’Batika Kiam |
| 2025-03-18 | Supplemental document, (Letter Form), Lower court judgments. | Armand M’Batika Kiam |
| 2025-03-13 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2025-03-13, (Printed version filed on 2025-03-14) | Syndicat des professeurs de l'État du Québec |
| 2025-03-05 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-03-06, (Printed version filed on 2025-03-14) | Armand M’Batika Kiam |
| 2025-02-17 | Letter and notice pursuant to Rule 64 sent to, all parties via email | |
| 2025-01-17 | Notice of name, (Letter Form), (Printed version filed on 2025-01-20) | Syndicat des professeurs de l'État du Québec |
| 2025-01-17 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-20) | Syndicat des professeurs de l'État du Québec |
| 2025-01-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-20, (Printed version filed on 2025-01-20) | Syndicat des professeurs de l'État du Québec |
| 2024-12-20 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-12-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-12-20) | Armand M’Batika Kiam |
| 2024-06-21 |
Application for leave to appeal, (Book Form), Amended version filed on 2025-03-05 Missing: - Motion for extension of time to serve (Rec'd 2025-03-05) - Proof of service for the intervener (Rec'd 2025-03-05), Completed on: 2025-03-05, (Printed version filed on 2025-03-06) |
Armand M’Batika Kiam |
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 |
|---|---|---|
| M’Batika Kiam, Armand | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat des professeurs de l'État du Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Tribunal administratif du travail | Intervener | Active |
| Ministère de l’Immigration, de la Francisation et de l'Intégration du Québec | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: M’Batika Kiam, Armand
This party is not represented by counsel.
Party: Syndicat des professeurs de l'État du Québec
Counsel
Laurie Houle
1350, rue Sherbrooke Ouest
Bureau 500
Montréal, Quebec
H3G 1J1
Telephone: (514) 908-6400
Email: mcpelletier-fillion@poudrierbradet.com
Agent
340, rue Gilmour, 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Tribunal administratif du travail
Counsel
Fitzback Charbonneau / Tribunal administratif du travail
500 boul. René-Lévesque Ouest
Montéal, Quebec
H2Z 1W7
Telephone: (514) 873-3761
FAX: (514) 873-9507
Email: genevieve.bondroussel@tat.gouv.qc.ca
Party: Ministère de l’Immigration, de la Francisation et de l'Intégration du Québec
Counsel
1, rue Notre-Dame est, bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 939-2336 Ext: 51451
FAX: (514) 873-7074
Email: julien.bernard@justice.gouv.qc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Quebec
Counsel
1, rue Notre-Dame est, bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 939-2336 Ext: 51451
FAX: (514) 873-7074
Email: julien.bernard@justice.gouv.qc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
Employment law — Obligation of certified associations — Dismissal — Whether employer established good and sufficient reason for grounds at time of dismissal decision — Whether purpose or effect of statute is to impose differential treatment — Labour Code, CQLR, c. C 27, s. 47.2.
Summary
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.
Mr. M’Batika Kiam was represented by the Syndicat des professeurs de l’État du Québec (“union”) in the negotiation of an agreement after grievances were filed against his then employer, the Ministère de l’Immigration, de la Francisation et de l’Intégration. An agreement was entered into prior to the arbitration of the grievances. Mr. M’Batika Kiam filed a complaint against the union under s. 47.2 of the Labour Code. He argued that the union had breached its duty to fairly represent him by not adequately explaining to him the impact of the agreement, that is, the fact that he was waiving reinstatement in his employment.
The Administrative Labour Tribunal found that the union had not acted in bad faith in handling the case. Mr. M’Batika Kiam had understood the terms of the agreement he was about to sign. On review of the decision, the Administrative Labour Tribunal upheld the initial decision maker’s decision. The Superior Court dismissed the application for judicial review, and the Court of Appeal dismissed the application for leave to appeal.
Lower court rulings
Mr. M’Batika Kiam’s application for judicial review dismissed
Motion for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available