Supreme Court of Canada
Paradis v. School Commissioners of Roberval, [1979] 2 S.C.R. 170
Date: 1979-06-26
Mariette Paradis (Plaintiff) Appellant;
and
School Commissioners for the School Municipality of Roberval (Defendants) Respondents.
1979: June 26.
Present: Pigeon, Dickson, Estey, Pratte and Mclntyre JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC
Schools—Teacher dismissed—Dismissal justified—Jurisdiction of Superior Court—Education Act, R.S.Q. 1964, c. 235, s. 203—Labour Code, R.S.Q. 1964, c. 141, ss. 1(g), 81, 88, 90—Code of Civil Procedure, art. 33.
Appellant, a teacher, was dismissed in December 1966 by a resolution of respondents. Alleging that her dismissal was unlawful, appellant brought an action in the Superior Court for loss of salary and damages. Mignault J. held that, because of the collective agreement then in effect and the provisions of the Education Act and the Labour Code governing the parties, plaintiff should have proceeded before the board of referees, and the Superior Court lacked jurisdiction. The Court of Appeal unanimously concluded that the dismissal was in any case justified and that, in the circumstances, it did not really matter whether the Superior Court had jurisdiction.
APPEAL from a judgment of the Court of Appeal of Quebec, affirming a judgment of the Superior Court. Appeal dismissed.
André Fillion for the appellant.
Roland Bergeron, Q.C. for the respondents.
The judgment of the Court was delivered orally by
PIGEON J.—It will not be necessary to hear you, Mr. Bergeron. We are all of the opinion that the appellant has failed to persuade us that the Court of Appeal erred in unanimously affirming the judgment of the Superior Court. The appeal is dismissed with costs.
[Page 171]
Appeal dismissed with costs.
Solicitors for the appellant: Aubin, Bédard, Fillion, Bisson, Fournier & Côté, Chicoutimi, Que.
Solicitor for the respondents: Roland Bergeron, Roberval, Que.
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