Autocar Connaisseur Inc. v. Lalancette
T-456-97
Pinard J.
17/10/97
7 pp.
Application for judicial review of decision by referee appointed under Canada Labour Code, s. 251.12(1)-Respondent employees each filing complaint against employer, asking to be paid for overtime and statutory holidays-Inspector ordering employer to remit certain amounts to Receiver General of Canada, to account of employees in question-Referee appointed by Minister of Labour upholding payment order issued by inspector-Further ordering employer to pay employees in question various amounts for "interest and additional compensation", "non-pecuniary damages", "exemplary damages" and "counsel fees"-Concerning first part of decision, referee's jurisdiction not at issue, since authorized by ss. 251.1(1) and 251.12(4) to rule on right, claimed by employees in their complaints, to be paid for overtime and statutory holidays-Referee did not err in patently unreasonable manner-Nothing clearly irrational in way he applied and assessed evidence-Where second part of decision concerned, referee acted in excess of jurisdiction in awarding "interest and additional compensation", "non-pecuniary damages" and "exemplary damages"-Such compensation not even claimed in complaints of employees in question-Referee committed error causing him to lose jurisdiction and subjecting him to judicial review-Award of compensation for counsel fees not patently unreasonable, given discretion and jurisdiction granted by s. 251.12(4)(c) to award costs-Application allowed in part-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 251.1 (as enacted by S.C. 1993, c. 42, s. 37), 251.12 (as enacted idem).