Quebec ( Commission des normes du travail ) v. Croisières Navimex Inc.
T-1125-90
Joyal J.
1/12/92
10 pp.
Action to claim $848.16 for salary and payment of annual leave -- "Notice of constitutional question" filed by defendant -- Question whether Quebec Labour Standards Act applied to defendant's business -- Relevant provision in case at bar s. 92(10)(a) of Constitution Act, 1867 -- Question whether business falls within federal or provincial jurisdiction one of fact -- Defendant did not have much extra-provincial activity -- Most of its operations consisted of cruises to observe whales in St. Lawrence -- Volume of extra-provincial activity not in itself conclusive factor -- Defendant tried to develop international markets, including Dominican Republic and Canadian Arctic -- Defendant's current operations limited to province of Quebec -- Criteria applied by courts do not require regular and continuous interprovincial service -- Court must base judgment on facts and not conjecture -- Defendant's business was at the time interprovincial in nature and plaintiff had capacity to act -- Action allowed -- Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item 1), ss. 91, 92 -- Labour Standards Act, R.S.Q. 1977, c. N. 1, s. 5.