Metro prevails in Superior Court

Our client Metro, a major player in the Quebec retail food industry, secured an important victory in a judicial review case in Superior Court.

Everything began in October 2004 when commissioner Pierre Cloutier, of the Commission des relations du travail (CRT) allowed a motion filed by Lavery, de Billy on behalf of Metro asking that no driver be physically transferred from the Mérite 1 warehouse to the Pierre-de-Coubertin warehouse, which had been acquired through a 1992 transaction to which Steinberg was a party. The CSN was seeking the physical transfer of 19 drivers.

In March 2005, the CRT had allowed a motion for review and set aside the decision of commissioner Cloutier. ruling that it was “defective in substance”. A year later, the Superior Court allowed the application for judicial review filed by Metro on the grounds that the CRT had acted unreasonably in finding the decision rendered by commissioner Cloutier defective in substance.

On January 11, the Court of Appeal dismissed the appeal of the CSN and upheld the judgment of the Superior Court. The initial decision of commissioner Cloutier has thus been reinstated. Pierre Beaudoin and Ève Beaudet advised Metro in this matter.

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