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.
