On January 7, 2016, the Superior Court of Quebec refused to grant an authorization to submit a class action on behalf of the linemen having worked for a federal undertaking and who, since the establishment of the Commission de la construction du Québec ("CCQ"), paid different assessments and contributions under the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry, CQLR c. R-20. The representative of the proposed group requested, amongst other conclusions, the reimbursement of the assessments deducted by the CCQ.
In Caron c. Fraternité provinciale des ouvriers en électricité-section locale 1676, 2016 QCCS 25, justice Chantal Lamarche, j.s.c. found that the conditions for the exercise of a class action were not met. More specifically, she rejected the application for authorisation because of the complexity of the evidence which would have to be administered to determine if the employers of the members of the proposed group were under federal or provincial jurisdiction and because the refund of the assessments raised issues that were not common to all members of the group.
Lavery has successfully represented the CCQ against who the application for authorization to submit a class action was specifically directed. The team was composed of Mr. Raymond Doray, Ad.E. and Mr. Bernard Larocque assisted by Mr. Guillaume Laberge.