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.
