Aéroports de Montréal v. Caron
T-611-95
Tremblay-Lamer J.
15/6/95
6 pp.
Motion to dismiss application for judicial review and terminate stay order on ground Court lacked jurisdiction to hear case -- Safety officer issued direction to applicant employee pursuant to Canada Labour Code, s. 145(1) and direction subject of instant application for judicial review -- Code, s. 146 provides specific procedure for reviewing directions when party wishes to challenge validity -- Applicant Aéroports de Montréal exercised remedy and filed request to review direction-Question whether regional safety officer can grant appropriate remedy under s. 146 -- Court will refuse to act if suitable remedy available before lower tribunal -- Whether regional officer can decide points of law and rule on safety officer's authority to issue directions -- In case at bar safety officer decided by implication had jurisdiction to issue directions -- Code, s. 146 did not expressly confer jurisdiction on regional safety officer to decide points of law -- Application for judicial review not clearly inadmissible -- Motion dismissed -- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 145, 146.