Clément Groleau

A class action was brought on behalf of hospital patients after illegal strikes by unionized employees disrupted care and services at a psychiatric institution.

The Court held that Quebec class action procedure does not alter the ordinary civil rules of evidence, and that prejudice may be proved by sufficiently serious, precise and concordant presumptions of fact.

It further held that moral prejudice in Quebec civil law is compensable on an objective basis and is not conditional on the victim’s subjective ability to enjoy monetary solace, although functional considerations remain relevant to quantification.

The Court concluded that the temporary discomfort suffered by the patients did not amount to an interference with inviolability under s. 1 of the Charter of Human Rights and Freedoms, but did interfere with dignity under s. 4.

Exemplary damages were properly awarded under s. 49 because the interference was unlawful and intentional.

Appeal concerning whether bargaining rights and obligations under Quebec labour legislation transferred when janitorial service contracts for school cleaning were terminated and re-awarded to a new contractor having no legal relationship with the prior contractors.

The Court held that the labour commissioner’s interpretation of ss. 45 and 46 was jurisdictional and subject to judicial review, and replaced the preliminary-question formalism with a pragmatic and functional analysis focused on legislative intent, expertise, and statutory purpose.

It further held that s. 45 requires continuity of the undertaking and a voluntary legal relation between successive employers involving the same undertaking or part of it.

Because the competing contractors were separate undertakings and no legal relation existed between them, no transfer of rights and obligations occurred.

The appeal was dismissed with costs.