Chambly (City) v. Gagnon, [1999] 1 S.C.R. 8

City of Chambly Appellant

v.

Fernand Gagnon Respondent

and

The Honourable Jean‑Pierre Bourduas, J.C.Q., the Honourable Jacques Désormeau, J.C.Q., and the Honourable Micheline Laliberté, J.C.Q. Mis en cause

and

The Minister of Public Security Mis en cause

Indexed as: Chambly (City) v. Gagnon

File No.: 26195.

1999: January 25.

Present: Lamer C.J. and L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Iacobucci and Bastarache JJ.

on appeal from the court of appeal for quebec

Labour law -- Contract of employment -- Chief of police force ‑‑ Dismissal ‑‑ Police chief’s contract of employment not renewed when fixed term set out in contract expired ‑‑ Whether chief was dismissed ‑‑ Meaning of word “dismissal”.

APPEAL from a judgment of the Quebec Court of Appeal, [1997] Q.J. No. 2256 (QL), J.E. 97-1469, D.T.E. 97T-815, reversing a decision of the Superior Court, [1996] R.J.Q. 398, [1995] Q.J. No. 1196 (QL), which had reversed a decision of the Court of Québec ordering that the respondent be reinstated in his position as chief of the appellant city’s police force. Appeal allowed.

Jean‑Jacques Rainville and Réjean Rioux, for the appellant.

Hugues La Rue and Serge Vermette, for the respondent.

English version of the judgment of the Court delivered orally by

//Gonthier J.//

[1] Gonthier J. -- For the reasons of Bishop J., we are all of the view that the appeal should be allowed and the judgment of the Superior Court restored. We share in particular his view as to the meaning of the word “dismissal”. In this case there was no dismissal since the City did not carry out any act which deprived the respondent of his office or post; his post as chief of police ended owing to the expiry of the fixed term set out in his contract of employment without a new contract being entered into.

[2] The appeal is allowed with costs.

Judgment accordingly.

Solicitors for the appellant: Dunton Rainville, Montréal.

Solicitors for the respondent: Des Rivières Vermette, Québec.