Duncan v. Cadillac Fairview Corp.
Union Settlements and Employee Rights: Binding Authority Under Labour Relations Act
Summary
A case addressing whether union certification authorizes a union to bind individual employees to settlements without their consent, and whether a plaintiff can bring tort claims against an employer after a union settlement. The court ruled that certification alone does not bind employees to settlements without their consent and that tort claims predating a collective agreement are not subject to its arbitration procedures.
Outcome
The court ruled that union certification does not authorize binding employees to settlements without their consent and that tort claims predating a collective agreement are not subject to its arbitration procedures.
Key Factors
- union settlements
- employee rights
- Labour Relations Act, 1995
- binding effect of settlements
- tort claims and collective agreements
Related Cases
Douglas v. Babiar
2025 ONSC 7075 (CanLII) · 2025-12-19Police Discipline Case: Dismissal of Motion to Strike on PSA Provisions
A motion to strike was dismissed in a case involving police discipline and collective agreement interpretation. The court considered jurisdiction over tort claims linked to PSA proceedings and the admissibility of PSA information in a civil proceeding.
Dore v. Registered Nurses’ Association of Ontario
2025 ONSC 1018 (CanLII) · 2025-02-18Professional Association Breach of Good Faith: Dore v. Registered Nurses’ Association of Ontario
A motion to strike and stay claims against a professional association for alleged breaches of good faith in processing an application for legal assistance. The case involves the application of the Bhasin v. Hrynew framework for good faith in contractual relationships and the impact of regulatory investigations on professional practice.
Joseph v. Canada School of Public Service et al.
2022 ONSC 6734 (CanLII) · 2022-12-01Workplace Disputes: Claims of Negligence and Defamation Dismissed
A case involving workplace disputes where the plaintiff's claims of negligence and defamation against employer and individual defendants were dismissed for lack of jurisdiction under the Federal Public Sector Labour Relations Act. The court also addressed privacy torts involving the police and granted leave to amend the claim to focus on actionable privacy torts.
Dymon Storage Corporation v. Nicholas Caragianis
2022 ONSC 5883 (CanLII) · 2022-10-18Noncompetition Covenants and Confidential Information Dispute
A court case involving a noncompetition covenant dispute between Dymon Storage Corporation and Nicholas Caragianis. The court denied an interlocutory injunction for the noncompetition clause, found it unreasonable, and granted leave to amend the statement of claim to add affiliates as plaintiffs.
EllisDon Residential Inc. v. Limen Group Const. (2019) LTD. et al.
2022 ONSC 1917 (CanLII) · 2022-03-30Jurisdictional Dispute: Court Defers to OLRB in Labour Relations Case
A court case determining the jurisdiction to adjudicate disputes between a contractor and unions, involving economic tort claims and civil procedure matters. The court deferred to the Ontario Labour Relations Board (OLRB) for specialized expertise in construction labour disputes and granted a representation order to validate the proceedings.
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.