A unionized employee of Concordia University applied for authorization to institute a class action against the university to contest decisions made regarding the administration and use of the pension fund.
The vast majority of the plan's members were unionized employees covered by collective agreements that referred to the pension plan.
The Superior Court dismissed the motion, finding that a grievance arbitrator had exclusive jurisdiction.
The Court of Appeal set aside that decision.
The Supreme Court of Canada allowed the appeal and restored the Superior Court's decision, holding that the dispute fell within the exclusive jurisdiction of grievance arbitrators and that the class action procedure could not alter the jurisdiction of courts and tribunals or bypass the representation mechanisms established under Quebec labour law.
