Filion v. City of Montreal et al.

Filion v. City of Montreal et al.

The Director of Public Works, pursuant to By‑law No. 684, had the authority to transfer the appellant within the department; the transfer was lawful and reasonable and the appellant's unjustified refusal entitled the City to terminate his employment.

Citation
[1970] SCR 211
Parties
Plaintiff/appellant: Ovide Filion; Defendant/respondent: City of Montreal; Defendant/respondent: Lucien L'Allier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 October 1969
Procedural Posture
Labour Law Wrongful Dismissal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Quebec
Outcome
Appeal dismissed with costs.
Legal Topics
Wrongful Dismissal, Transfer of Duties Within Department, Permanent Appointment, Managerial/administrative Authority
Source Language
English
Labour Law Employment Law Administrative Law Wrongful Dismissal Transfer of Duties Within Department Permanent Appointment Managerial/administrative Authority

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Parties

Ovide Filion

Plaintiff/appellant

City of Montreal

Defendant/respondent

Lucien L'Allier

Defendant/respondent

Procedural Posture

Labour Law Wrongful Dismissal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Quebec

Legal Issues

  1. 1 Whether the employee was justified in refusing a transfer within the same department
  2. 2 Whether the Director had authority under municipal by-law to reassign functions and duties
  3. 3 Whether dismissal for refusal to accept a valid transfer was wrongful

Ratio Decidendi

The Director of Public Works, pursuant to By‑law No. 684, had the authority to transfer the appellant within the department; the transfer was lawful and reasonable and the appellant's unjustified refusal entitled the City to terminate his employment.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.