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Provincial administrative tribunal's jurisdiction over residential tenancies does not violate s. 96 of the Constitution Act, 1867.
The Attorney General of Quebec and the Régie du logement appealed a decision holding that certain powers conferred on the Régie du logement by its enabling statute contravened s. 96 of the Constitution Act, 1867.
The Supreme Court of Canada applied the three-step test for s. 96 challenges and found that in Lower Canada at the time of Confederation, jurisdiction over relations between lessors and lessees was not exercised exclusively by superior courts.
Therefore, conferring this jurisdiction on the provincially appointed administrative tribunal did not violate s. 96.
The appeal was allowed and the jurisdiction of the Régie du logement was upheld.
Provincial Court has jurisdiction over casual government employee's small claim for employment benefits.
The respondent, a casual employee of the Quebec government, claimed $168 for vacation, holidays, and sick leave in the Provincial Court, Small Claims Division.
The Provincial Court allowed the claim.
The appellant sought a writ of evocation, arguing the Provincial Court lacked jurisdiction because the employment relationship was statutory, not contractual, and alternatively, that the claim was a grievance subject to arbitration under a collective agreement.
The Supreme Court of Canada dismissed the appeal, holding that the employment relationship was contractual and the collective agreement did not apply to casual employees.
Therefore, the Provincial Court had jurisdiction to hear the claim.
