- June 10, 2021
- Court Decisions (Appeals, Judicial Reviews)
The collective agreement between the Place des Arts de Montreal and the local provided that the Place des Arts would only employ union stage technicians. Likewise, the leases between the Place des Arts and the tenants stipulated that the tenants would only use union technicians. Following a protracted labour dispute with its technicians, the Place des Arts decided to quit providing technical services and amended the leases accordingly, leaving the tenants to hire their own stage technicians. The local brought proceedings against the Place des Arts for infringement of the Labour Code, which prohibits every employer from utilizing the services of a person employed by another employer to discharge the duties of an employee who is a member of the bargaining unit on strike. The Place des Arts was fined by the Labour Tribunal. That decision was upheld on appeal. The Place des Arts paid the fine but did not amend its conduct. The local therefore sought an injunction to prevent the Place des Arts from continuing to infringe the Code. The Superior Court granted the injunction, which was upheld by the Court of Appeal in a majority decision. The Supreme Court allowed the appeal finding that there was no violation of the Labour Code and the injunction was vacated. The courts below gave too broad a meaning to the concept of “utilizing” in the Code. The interpretation of the Code should bear in mind that the Place des Arts and its tenants are distinct legal entities, and that the Place des Art has a right under Quebec law to go partially or completely out of business. While the Place des Arts benefits indirectly from the services of stage technicians employed by the tenants, it does not utilize the services of persons employed by another employer contrary to the Code. “To utilize” involves a positive act by the user.