Case information
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38261
Marie Bernatchez v. Commission des normes, de l’équité, de la santé et de la sécurité du travail, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-04-09 | Close file on Leave | |
| 2019-03-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-03-15 | Judgment on leave sent to the parties | |
| 2019-03-14 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-009758-183, 2018 QCCA 944, dated May 29, 2018, is dismissed with costs to the respondent, Resto-Bujo inc. Dismissed, with costs |
|
| 2019-03-14 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on leave application. Granted |
|
| 2019-02-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-02-04 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-11-15 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-11-15, (Printed version filed on 2018-11-23) | Commission des normes, de l’équité, de la santé et de la sécurité du travail |
| 2018-11-14 | Notice of name, (Letter Form) | Resto-Bujo inc. |
| 2018-11-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2018-11-08 | Marie Bernatchez |
| 2018-10-24 | Certificate (on limitations to public access), (Letter Form) | Resto-Bujo inc. |
| 2018-10-19 | Correspondence received from, (Letter Form), Mr. William Assels only represents Resto Bujo inc. and at no time has he represented CNESST in this case, despite the annotation to the contrary on the judgment of the Court of Appeal dated May 29, 2018. | Resto-Bujo inc. |
| 2018-10-01 | Respondent's response on the application for leave to appeal, (Letter Form), MISSING: Form 23A-rec'd 2018/10/24, Completed on: 2018-10-24 | Resto-Bujo inc. |
| 2018-08-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 31/08/2018 | |
| 2018-08-27 | Certificate (on limitations to public access), (Letter Form), Form 23A | Marie Bernatchez |
| 2018-08-27 |
Application for leave to appeal, (Book Form), MISSING: amended notice with section of the Supreme Court Act (received 30/08/2018), amended covers and notice with correct name of intervener-rec'd 2018/11/15. Service on commission des normes missing-rec'd 2018/11/08. Motion required-rec'd 2018/11/08, Completed on: 2018-11-16 |
Marie Bernatchez |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bernatchez, Marie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commission des normes, de l’équité, de la santé et de la sécurité du travail | Respondent | Active |
| Resto-Bujo inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Administrative Labour Tribunal | Intervener | Active |
Counsel
Party: Bernatchez, Marie
Counsel
220-455 rue du Marais
Québec, Quebec
G1M 3A2
Telephone: (418) 681-1227
FAX: (418) 681-1229
Email: bellemareavocats@videotron.ca
Party: Commission des normes, de l’équité, de la santé et de la sécurité du travail
Counsel
524, rue Bourdages
Bureau 304
Québec, Quebec
G1K 7E2
Telephone: (418) 266-4900 Ext: 5002
FAX: (418) 266-4922
Email: pierre-michel.lajeunesse@cnesst.gouv.qc.ca
Party: Resto-Bujo inc.
Counsel
100A, boul. Gérard-D Lévesque
New Carlisle, Quebec
G0C 1Z0
Telephone: (418) 752-3351 Ext: 224
FAX: (418) 752-2740
Email: wassels@st-ongeasselsavocats.ca
Party: Administrative Labour Tribunal
Counsel
900, Place d'Youvile
Bureau 700
Québec, Quebec
G1R 3P7
Telephone: (418) 644-9602
FAX: (418) 528-6063
Email: marie-france.bernier@tat.gouv.qc.ca
Summary
Keywords
Administrative law — Judicial review — Assessment of evidence by administrative tribunal — Errors — Rational connection between evidence and findings — Whether decision of Administrative Labour Tribunal was irrational and unreasonable in light of evidence — Whether Court of Appeal should have returned case to Administrative Labour Tribunal.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2012 and 2013, the Commission de la santé et de la sécurité du travail found that the applicant, Marie Bernatchez, had suffered an employment injury on the basis that the epicondylitis in her left elbow had resulted from a new ergonomic configuration of her workplace after major renovations to the restaurant where she worked. The Commission concluded that the injury had been consolidated since April 30, 2013 and had not caused either permanent physical or mental impairment or a functional disability. Those decisions resulted in administrative reviews and challenges. In March 2017, the Administrative Labour Tribunal (“ALT”) declared that Ms. Bernatchez had suffered an employment injury on June 1, 2012, that the injury had been consolidated since August 29, 2012 and had not required additional care or treatment after that date, and that it had not caused either permanent physical or mental impairment or a functional disability.
Ms. Bernatchez applied for judicial review on the basis that the ALT’s decision was unlawful, unreasonable and irrational. The Superior Court dismissed the application, concluding that, despite errors made by the administrative judge in assessing the evidence, the ALT’s decision was one of the possible acceptable outcomes. The Court of Appeal dismissed a motion for leave to appeal on the basis that Ms. Bernatchez had failed to convince it that there was no rational connection between the evidence and the administrative judge’s findings.
Lower court rulings
Provincial Administrative Tribunals of Quebec
2017 QCTAT 1579, 512145-01B-1305, 514905-01B-1306, 516630-01B-1307, 559517-01B-1412
Decisions of Commission de la santé et de la sécurité du travail varied
Superior Court of Quebec
105-17-000519-174, 2018 QCCS 2108
Application for judicial review dismissed
Superior Court of Quebec
105-17-000519-174, 2018 QCCA 2108
See file
Court of Appeal of Quebec (Québec)
200-09-009758-183, 2018 QCCA 944
Motion for leave to appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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