B. v. P.
Class Action Certification: Seniority Dispute Involving Air Canada Pilots
Summary
A class action certification motion in which plaintiffs sought to certify a class proceeding under the Class Proceedings Act, 1992, alleging that Air Canada pilots interfered with the implementation of a seniority list under the CALPA Merger Policy. The court found that the criteria for certification were met and granted certification subject to outstanding prerequisites. The case later reached the Supreme Court of Canada (B. v. P., 2002 SCC 40). The Supreme Court dismissed the appeal, affirming the lower courts' decisions that a union member cannot be held personally liable to other members for breach of contract based on the terms of the union constitution.
Outcome
Certification granted subject to outstanding prerequisites
Key Factors
- class action
- trade unions
- seniority disputes
- merger policy
- certification motion
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.