On April 29, 2005, Wal-Mart Canada Corp. (Wal-Mart) closed its store in Jonquière, Quebec. The closure, which had been announced the day an arbitrator was appointed to resolve an impasse in negotiations for a first collective agreement with the union certified for that establishment, led to a series of proceedings based on various sections of the Labour Code, C.Q.L.R., c. C-27 (Code), and the Act respecting labour standards, C.Q.L.R., c. N-1.1. An arbitrator concluded that the resiliation of the contracts of employment of all the employees of the Jonquière Wal-Mart constituted a prohibited unilateral change, contrary to s. 59 of the Code. See  R.J.D.T. 1439. Wal-Mart sought judicial review.
The Quebec Superior Court, in a decision reported at  R.J.D.T. 1118; 2010 QCCS 4743, affirmed the decision. Wal-Mart appealed.
The Quebec Court of Appeal, in a decision reported at  R.J.Q. 978; 2012 QCCA 903, allowed the appeal. The union appealed.
The Supreme Court of Canada, Rothstein and Wagner, JJ., dissenting, allowed the appeal and remanded the case to the arbitrator to determine the appropriate remedy in accordance with the disposition of his award. The court awarded costs throughout to the union.