Comité Paritaire de l'Industrie de l'Imprimerie de Montréal et du District v. Dominion Blank Book Co. Ltd.

Comité Paritaire de l'Industrie de l'Imprimerie de Montréal et du District v. Dominion Blank Book Co. Ltd.

A private collective labour agreement made under the Professional Syndicates Act cannot displace or exempt an employer from a decree made under the Collective Agreement Act that, as a matter of public order, binds all employers and employees in the designated region; therefore the respondent's agreement was null...

Source-derived case information.

Citation
[1944] SCR 213
Parties
Plaintiff/appellant: Comité Paritaire de l'Industrie de l'Imprimerie de Montréal et du District; Defendant/respondent: Dominion Blank Book Company, Limited; Mise En Cause: Dominion Blank Book Company, Limited, Employees' Association
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 May 1944
Procedural Posture
Appeal to Supreme Court of Canada / Final Appellate Decision on Leave Granted From Court of King's Bench (quebec), Reversing Earlier Appellate Reversal and Restoring Trial Judgment
Outcome
Appeal allowed; judgment of Superior Court restored
Legal Topics
Collective Labour Agreements, Professional Syndicates, Statutory Decrees, Nullity of Contract, Injunctions, Scope of Trade Definitions
Source Language
english
Labour Law Administrative Law Contract Law Civil Procedure Collective Labour Agreements Professional Syndicates Statutory Decrees Nullity of Contract +2 more

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Parties

Comité Paritaire de l'Industrie de l'Imprimerie de Montréal et du District

Plaintiff/appellant

Dominion Blank Book Company, Limited

Defendant/respondent

Dominion Blank Book Company, Limited, Employees' Association

Mise En Cause

Procedural Posture

Appeal to Supreme Court of Canada / Final Appellate Decision on Leave Granted From Court of King's Bench (quebec), Reversing Earlier Appellate Reversal and Restoring Trial Judgment

Legal Issues

  1. 1 Whether a collective labour agreement made under the Professional Syndicates Act can displace a decree made under the Collective Agreement Act
  2. 2 Whether the Collective Agreement Act decree is a law of public order binding all employers and employees in the prescribed region
  3. 3 Whether the private collective agreement is null where it conflicts with the decree

Ratio Decidendi

A private collective labour agreement made under the Professional Syndicates Act cannot displace or exempt an employer from a decree made under the Collective Agreement Act that, as a matter of public order, binds all employers and employees in the designated region; therefore the respondent's agreement was null insofar as it conflicted with the decree, the interlocutory injunction and trial orders were valid and executable, and the respondent's operations fell within the printing trade covered by the decree.

Court Disposition

Appeal allowed; judgment of Superior Court restored

Orders

  • The Superior Court judgment declaring illegal, irregular and null those provisions of the 25/26 September 1939 agreement which are incompatible with the decree relating to the printing trades is restored
  • Interlocutory injunction confirmed and made effective to enjoin the respondent, its officers, representatives and employees from refusing access to its establishment, books and employees to inspectors of the appellant and from obstructing inspectors' duties until further order