Court dismisses lawsuit against lawyer in case of woman who was fired in 1985
It’s time to move on. That’s the message a Quebec court had for a woman who has been fighting a discrimination and wrongful dismissal battle for the past two decades.
Elizabeth Dire was hired as a non-unionized employee at a hospital in 1983. She folded linen and did some washing and disinfecting work.
In May 1986 lawyer Elaine Bissonnette agreed to represent Dire in a discrimination suit against the hospital. In May 1988 Dire won her case. The court awarded her $16,400 and a better job at the hospital.
The hospital appealed. It won the appeal in May, 1994 and was victorious again when Bissonnette and Dire appealed the overturned decision.
Dire subsequently filed an action against her lawyer for not representing her properly at the appeal. She claimed Bissonnette made errors and omissions which caused the court to rule against her.
The Cour supérieure du Québec noted Dire had an onerous burden. She had to prove her lawyer’s errors were so serious they would have been decisive in resulting in a different judgment.
Dire had not met this burden. It was not clear and evident that had Bissonnette not made certain material errors it would have changed the verdict, the court said.
The court complimented Bissonnette for her diligent work in a difficult situation against a well-funded and aggressive adversary. She had spent hundreds of hours on the case and repeatedly went to court to pursue Dire’s claim. She earned only what legal aid paid for such work, the court said.
The court also had words of praise for Dire, who hadn’t worked at a regular job since 1985 because of sickness and health problems. Despite very little schooling and a lack of formal instruction, she had become proficient with the legal aspects of litigation, the court said. She “is no doubt an intelligent person. (It is hoped she) will finally close the book on the last 20 years of her life and the obsession with these trials, and finally look forward,” it said.
For more information see:
• Dire v. Bissonnette, 2006 CarswellQue 1986 (Que. S.C.)
Elizabeth Dire was hired as a non-unionized employee at a hospital in 1983. She folded linen and did some washing and disinfecting work.
In May 1986 lawyer Elaine Bissonnette agreed to represent Dire in a discrimination suit against the hospital. In May 1988 Dire won her case. The court awarded her $16,400 and a better job at the hospital.
The hospital appealed. It won the appeal in May, 1994 and was victorious again when Bissonnette and Dire appealed the overturned decision.
Dire subsequently filed an action against her lawyer for not representing her properly at the appeal. She claimed Bissonnette made errors and omissions which caused the court to rule against her.
The Cour supérieure du Québec noted Dire had an onerous burden. She had to prove her lawyer’s errors were so serious they would have been decisive in resulting in a different judgment.
Dire had not met this burden. It was not clear and evident that had Bissonnette not made certain material errors it would have changed the verdict, the court said.
The court complimented Bissonnette for her diligent work in a difficult situation against a well-funded and aggressive adversary. She had spent hundreds of hours on the case and repeatedly went to court to pursue Dire’s claim. She earned only what legal aid paid for such work, the court said.
The court also had words of praise for Dire, who hadn’t worked at a regular job since 1985 because of sickness and health problems. Despite very little schooling and a lack of formal instruction, she had become proficient with the legal aspects of litigation, the court said. She “is no doubt an intelligent person. (It is hoped she) will finally close the book on the last 20 years of her life and the obsession with these trials, and finally look forward,” it said.
For more information see:
• Dire v. Bissonnette, 2006 CarswellQue 1986 (Que. S.C.)
