Cité de Montreal v. Bélec

Cité de Montreal v. Bélec

The Municipal Strike and Lock-out Act's protection against lock-outs and associated penalties applies only where there has been an actual dismissal on account of union membership; a municipal resolution or order that merely threatens dismissal but is not acted upon does not constitute a dismissal or a lock-out under the statute and therefore does not invoke the Act's prohibition or penalties.

Citation
[1927] SCR 535
Parties
Appellant / Defendant: La Cité de Montréal; Respondent / Plaintiff: Philippe Bélec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1927
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From Court of King's Bench (appeal Side), Province of Quebec
Outcome
Appeal allowed; judgments of the Superior Court and Court of King's Bench set aside; judgment entered for the City of Montreal with costs.
Legal Topics
Union Membership, Threat of Dismissal, Lock Out, Arbitration, Statutory Interpretation
Source Language
English
Labour Law Municipal Law Union Membership Threat of Dismissal Lock Out Arbitration Statutory Interpretation

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Parties

La Cité de Montréal

Appellant / Defendant

Philippe Bélec

Respondent / Plaintiff

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From Court of King's Bench (appeal Side), Province of Quebec

Legal Issues

  1. 1 Whether municipal resolutions and police order forbidding union membership constituted a dismissal or a threat amounting to a dispute 'in connection with the dismissal' under s.2520 oc(b) of the Municipal Strike and Lock-out Act
  2. 2 Whether a threatened dismissal (without actual dismissal) can give rise to an unlawful lock-out under s.2520 od and attract penalties under s.2520 oj
  3. 3 Whether the statute should be construed to cover threats or only actual dismissals

Ratio Decidendi

The Municipal Strike and Lock-out Act's protection against lock-outs and associated penalties applies only where there has been an actual dismissal on account of union membership; a municipal resolution or order that merely threatens dismissal but is not acted upon does not constitute a dismissal or a lock-out under the statute and therefore does not invoke the Act's prohibition or penalties.

Court Disposition

Appeal allowed; judgments of the Superior Court and Court of King's Bench set aside; judgment entered for the City of Montreal with costs.

Orders

  • Appeal allowed
  • Judgments of the Superior Court and Court of King's Bench (appeal side) set aside