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ARTICLE · 26 MARCH 2019

Case Law Summaries – Administrative Law

McCarthy Tétrault
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Applying a standard of reasonableness, the Court dismissed ArcelorMittal's application for judicial review.

CanadaGovernment, Public Sector

ARCELORMITTAL EXPLOITATION MINIÈRE CANADA C. TRIBUNAL ADMINISTRATIF DU TRAVAIL, 2018 QCCS 1730

In this case, ArcelorMittal Exploitation minière Canada sought judicial review of the decision of the Tribunal administratif du travail (TAT) in an action for wage claims under the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry (Act) brought by the Commission de la construction du Québec.

In the decision under review, the TAT concluded that the extension of ArcelorMittal's rail line and other works are construction works within the meaning of the Act.

Applying a standard of reasonableness, the Court dismissed ArcelorMittal's application for judicial review. The Court held that the TAT's interpretation of the Act was consistent with decades of existing jurisprudence: the TAT applied the criteria set out in the jurisprudence to determine whether the railway is a "civil engineering work" as defined in paragraph

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