- Parties: The applicant was the Attorney General of Canada. The respondent was Roger Monette (as director of Déménagement Montréal Express Inc.).

- Subject Matter: The applicant sought judicial review of the Canada Industrial Relations Board’s decision under s. 251.12 of the Canada Labour Code, 1985. The decision partly accepted a request for review of a payment order by an inspector at Employment and Social Development Canada’s Labour Program.

- Ruling: The appeal court ruled in the applicant’s favour, allowed the judicial review application, set aside the Board’s decision, and returned the matter to a differently constituted Board for a new decision. The appeal court found its intervention justified based on the lack of analysis, justification, and consistency in the Board’s reasons. The Board failed to consider the fact that the case of In the Matter of Western Express Air Lines Inc., 2006 BCSC 1267 dealt with the application of two federal statutes, the appeal court said. The Board failed to make a comparative analysis of the subject provisions and failed to consider whether there were differences between s. 119 of the Canada Business Corporations Act, 1985 and s. 154 of Quebec’s Business Corporations Act, the appeal court added.

- Date: The hearing was set on Apr. 25, 2024. The court released its decision on July 12, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court proposed no costs as the applicant no longer sought them in his memorandum.