Chambly (City) v. Gagnon

[1999] 1 SCR 8 Court SCC Decision date 1999-01-25 Docket 26195 English

PartiesCity of Chambly Appellant·Fernand Gagnon Respondent·The Honourable Jean‑Pierre Bourduas, J.C.Q. Mis en cause·the Honourable Jacques Désormeau, J.C.Q., and the Honourable Micheline Laliberté, J.C.Q. Mis en cause·The Minister of Public Security Mis en cause

Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Bastarache, Michel

Delivered by Gonthier J.

On appeal from Quebec

Subjects Labour law

Contents

Gonthier J.

Gonthier J. -- For the reasons of Bishop J., we are all of the view that the appeal should be allowed and the judgment of the Superior Court restored. We share in particular his view as to the meaning of the word “dismissal”. In this case there was no dismissal since the City did not carry out any act which deprived the respondent of his office or post; his post as chief of police ended owing to the expiry of the fixed term set out in his contract of employment without a new contract being entered into.

The appeal is allowed with costs.