Benoît Mailloux

Two employers closed their businesses and gave their unionized employees notice of termination in accordance with the Act respecting labour standards.

The unions filed grievances claiming additional termination pay based on the reasonable notice requirement in art. 2091 of the Civil Code of Québec.

The Supreme Court of Canada held that the arbitrators did not have jurisdiction to hear the grievances because the individual right to reasonable notice of termination under the Civil Code is incompatible with the collective labour relations scheme.

The appellant was severely injured in a car accident and treated by the respondent orthopaedic surgeon.

The respondent failed to diagnose a spinal fracture, leading to delayed immobilization, and the appellant was eventually diagnosed with paraparesis.

The trial judge found no fault and no causation.

The Court of Appeal found the respondent committed a fault by failing to conduct proper neurological tests and immobilize the patient, but upheld the trial judge's conclusion that the accident itself, not the medical fault, caused the paraparesis.

The Supreme Court of Canada dismissed the appeal, affirming the Court of Appeal's intervention on the standard of care and its factual findings on causation, and declined to apply a presumption of causation.