Normand Beaulieu

The respondent failed to serve and file its factum within the prescribed time, resulting in its appeal being deemed abandoned under the Code of Civil Procedure.

The respondent applied to the Court of Appeal to rectify the abandonment, citing a technical error by counsel.

The Court of Appeal granted the motion.

On appeal to the Supreme Court of Canada, the Court held, following its concurrent decision in Construction Gilles Paquette ltée, that the Court of Appeal has the general power to rectify such an abandonment to safeguard the parties' rights where the error is technical and causes no prejudice.

The appeal was allowed solely to amend the Court of Appeal's order, finding that special leave to appeal was unnecessary to reinstate the appeal.

The appellant union appealed a decision dismissing its grievance for health insurance contributions from the employer.

The collective agreement required the employer to pay health insurance premiums.

However, the government's Health Insurance Act came into effect, voiding private contracts for insured services.

The union attempted to create a new fund for non-insured services, but it was not approved by the Pension Board until after the government plan took effect.

The Supreme Court of Canada dismissed the appeal, holding that the employer's obligation was extinguished by the Act and the new fund could not legally operate before its approval.

The Court also held that the interlocutory judgment authorizing the writ of evocation did not constitute res judicata.