B. v. P.
Union Membership Dispute: Class Action Over Arbitration Award Refusal
Appeal history
- Appealed to the Court of Appeal for Ontario: B. v. P., 2000 CanLII 5703 (ON CA) (appeal dismissed; respondents' cross-appeal dismissed; order allowing tort claims to proceed to trial stands; upheld by the Supreme Court of Canada (2002 SCC 40))
Summary
A class action involving union members suing other members for breach of contract and tort related to the refusal to implement an arbitration award. The court addressed whether union members can be held personally liable for collective decisions and whether claims in contract can be dismissed on summary judgment. 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
Claims in contract were dismissed on summary judgment due to no material facts in dispute.
Key Factors
- union membership
- breach of contract
- class action
- summary judgment
- no personal liability for group actions
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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.