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Office de la construction du Québec v. Larochelle

[1987] 1 SCR 241 Court SCC Decision date 1987-04-01 Docket 18982 English

PartiesGérard Larochelle Appellant·Office de la construction du Québec Respondent·The Attorney General of Quebec Respondent

Judges Beetz, Jean; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V.

Delivered by Majority

On appeal from Quebec

Subjects Administrative law Labour law

Contents

English version of the judgment delivered orally by

1. The Court‑‑It will not be necessary to hear you, Messrs. Ménard and Belleau.
2. Appellant reiterated in this Court essentially the arguments he made against the disputed by‑law in the Court of Sessions of the Peace, the Superior Court and the Court of Appeal. He made all those arguments without success in all the aforementioned courts except for one argument, regarding vested rights, on which the Superior Court ruled in his favour and the Court of Appeal against him.
3. Appellant has not persuaded this Court that the Court of Appeal erred in holding that all these grounds have no merits. In particular, we consider that the ground regarding vested rights‑‑to the extent that the matter really involves vested rights and in as much as they are affected by the by‑law‑‑cannot be allowed in view of the duty imposed on the Office de la construction du Québec to adopt by July 1, 1976 at latest a by‑law specifying hiring standards, notwithstanding any legislative or regulatory provision to the contrary.
4. The appeal is dismissed, but without costs.
Judgment accordingly.
Solicitors for the appellant: Morin & Pépin, St‑Georges Est.
Solicitors for the respondent the Office de la construction du Québec: Ménard & Associés, Montréal.
Solicitors for the respondent the Attorney General of Quebec: Benoit Belleau, Montréal; Pierre Lemieux and André Gaudreau, Ste‑Foy.