Union Dispute — Ontario Employment Law

S. v OPSEU

S. v OPSEU: Union Dispute Jurisdiction

This is a procedural ruling in an action where the plaintiff alleged mistreatment by union officials and failure to investigate complaints. The court reviewed the statement of claim under Rule 2.1.01, finding the allegations non-justiciable and bearing hallmarks of querulant litigation. The court determined that any cognizable claims fell within the jurisdiction of the Ontario Labour Relations Board rather than the Superior Court of Justice.

S. v. International Brotherhood et. al.

Union Trust Fund Dispute: Jurisdiction & Rule 21 Motion

This case addresses a Rule 21 motion to strike a Statement of Claim brought by plaintiffs against their union, involving issues of jurisdiction between the Superior Court and the Ontario Labour Relations Board, as well as entitlement to excess funds in a union trust fund. The motion was dismissed due to significant delay and the presence of factual issues requiring a trial.

B. et al v. P. et al

Union Class Action Costs: 15-Year Litigation

This is a costs ruling in a 15-year class action litigation involving union officers and members alleging breaches of union obligations. The court addressed whether the defendants' unlawful conduct during litigation precluded cost recovery despite their success on the merits. The plaintiffs and defendants were ordered to bear their own costs.

Teibas Ltd. v. Maintenance Construction and Skilled Trades Council

This is an appeal to the Court of Appeal from a motion judge's decision concerning the interpretation of a Trust Agreement in a labour relations context. The parties were Teibas Ltd. (administrator of the Trust), the Maintenance Construction and Skilled Trades Council, and the Toronto District School Board. The motion judge decided that the collective agreement between the Council and the School Board did not meet the definition of a collective agreement under the Trust Agreement. The Court of Appeal allowed the appeal, finding that the union affiliated with the Council was bound by the agreement, thus bringing it within the required definition. The Court substituted an order indicating the collective agreement qualifies for the purpose of the Trust Agreement.

H. v. D.

Defamation in Union: Malice Defeats Privilege

This is a defamation case arising in the context of a union dispute where the plaintiff, a projectionist and union member, was accused by fellow employees of sabotaging equipment. The court found that the defence of qualified privilege was defeated by malice, as the defendants continued to make defamatory allegations after the plaintiff was cleared in a union trial. The court awarded damages for mental distress, loss of reputation, and lost income.

West Park Hospital v. S.E.I.U., Local 204

West Park Hospital v. SEIU: Pay Equity Appeal

This is an appeal to the Court of Appeal for Ontario concerning a labour dispute between West Park Hospital and the S.E.I.U., Local 204. The central issue involves pay equity obligations under the Hospital Labour Disputes Arbitration Act and the Pay Equity Act.

Canadian Union of Public Employees v. Canadian Broadcasting Corp.

Union Arbitration: Natural Justice & Jurisdiction

This is an appeal concerning the jurisdiction of an arbitrator to resolve disputes between unions and the procedural fairness of the arbitration process. The Court of Appeal held that the failure to provide notice of arbitration proceedings to significantly affected unions constituted a denial of natural justice, resulting in the quashing of the arbitration award.

Re Weston Bakeries Ltd. and Milk & Bread Drivers, Dairy Employees, Caterers & Allied Employees, Local 647

This is a labour relations dispute concerning overtime entitlements and rates between an employer and a unionized workforce. The case addresses the interpretation of weekly rates and hours worked under the relevant collective agreement or employment standards.