Supreme Court of Canada
Syndicat des employés de bureau de l’Hydro-Québec v. Procureur général de la province de Québec, [1973] S.C.R. 790
Date: 1972-06-29
Le Syndicat des employés de bureau de l’Hydro-Québec, Section locale 2000, Syndicat canadien de la Fonction publique, et al. Applicants;
and
Attorney General of the Province of Quebec Respondent;
and
Hydro-Québec
and
Le Syndicat des employés de métier de l’Hydro-Québec, Section locale 1500, Syndicat canadien de la Fonction publique, et al.
and
Le Syndicat des techniciens de l’Hydro-Québec, Section locale 957, Syndicat canadien de la Fonction publique, et al. Mis-en-cause.
1972: June 19; 1972: June 29.
Present: Fauteux, C.J. and Abbott, Martland, Judson, Ritchie, Hall, Spence, Pigeon and Laskin JJ.
MOTION FOR LEAVE TO APPEAL
Appeal—Motion for leave to appeal—Injunction to refrain from strike and to maintain the essential services for a certain period of time—Right of appeal from Superior Court to Supreme Court of Canada—Supreme Court Act, R.S.C. 1952, c. 259, s. 41(1)—Labour Code, sec. 99.
The Superior Court allowed a petition submitted by the Attorney General under s. 99 of the Labour Code, and issued an injunction ordering the applicants to refrain from any strike and to maintain the essential services of the Hydro-Québec, until the date of the order in council provided for in s. 99. The applicants request leave to appeal from this judgment to this Court.
The petition has been referred to the Court in order to determine the question of its jurisdiction in this matter before a decision is made on this motion.
P. Cutler, Q.C., for the applicants.
[Page 791]
J. Marchessault, Q.C., for the respondent.
Y. Bertrand, for the mise-en-cause, Hydro-Québec.
The following judgment was delivered:
The Court, being of the opinion that the judgment of the Honourable Jean Saint-Germain of the Superior Court, granting, on March 28, 1972, the petition presented by the Attorney General of the Province of Quebec under s. 99 of the Labour Code of Quebec, is, in law, a judgment from which an appeal lies to the Court of Appeal of the Province of Quebec, it follows that no appeal lies from that judgment to this Court under s. 41 of the Supreme Court Act.
The motion for leave to appeal to this Court is dismissed with costs.
Motion dismissed with costs.
Solicitors for the applicants: Cutler, Langlois and Castiglio, Montreal.
Solicitors for the respondent: Geoffrion and Prud’Homme, Montreal.
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