Union Governance — Ontario Employment Law

D. v. J.

D. v. J.: Union Governance & Limitation

This is an appeal to the Court of Appeal from a motion judge's decision striking the appellant's statements of claim and denying leave to amend them. The appellant, a union member, originally sued the respondents, who were fellow union members, and later sought to amend his pleadings to add the union as a party and allege civil conspiracy. The motion judge dismissed the motion to amend, finding that the new claims for civil conspiracy and declaratory relief against the union were statute-barred. The Court of Appeal dismissed the appeal because the initial pleadings did not support a claim for civil conspiracy and the events were known to the appellant out of time. The motion judge's order striking the claims stands, and the respondents were awarded $10,000 in costs.

T. v. Canadian Association of Professional Employees

Constructive Dismissal: Motion to Strike Union Officer Claim

This is an interlocutory proceeding regarding a motion to strike the Statement of Claim in a dispute involving constructive dismissal and defamation. The plaintiff, a former union president, alleged mistreatment, breach of contract, and defamation by union officers. The court declined to strike the claim in whole but struck certain paragraphs for including evidence or irrelevant details, granting leave to amend to focus on material facts.

L. v. International Brotherhood Electrical Workers

Union Merger: Successor Rights and Fiduciary Duties

This is a merits decision concerning union mergers, successor rights, and fiduciary duties within a labour union context. The court addressed whether Local 353 acquired the rights and assets of the Former Locals and whether trustees breached their fiduciary duties by attempting to alienate union assets. The court declared certain trust agreements and bylaws null and void and imposed a constructive trust over the assets in favor of the successor local union.

B. v. H.

Union Constitution Jurisdiction: B. v. H.

This is an appeal concerning the jurisdiction of the court versus the Ontario Labour Relations Board to determine the legality of union constitutional provisions. The court addressed whether individual union members have the capacity to sue without a representative order, whether union constitutions are subject to unconscionability, and the propriety of staying the action to allow exhaustion of internal union remedies.

B. v. H.

Union Constitution Dispute: Jurisdiction and Injunction

This is a procedural and jurisdictional ruling regarding a dispute between union members and their union. The court addressed whether it had jurisdiction to interpret the union's constitution, whether the union could be sued as a legal entity, and whether internal remedies must be exhausted before court action. The court granted an injunction to protect plaintiffs from retaliation while they pursued internal remedies.

K. v H.

Union Trusteeship: Interlocutory Injunction Granted

This is an interlocutory proceeding concerning union governance, specifically a challenge to a trusteeship imposed on Local 113. The court applied the RJR-MacDonald test to determine whether to grant an injunction, finding that the balance of convenience and irreparable harm favoured restoring the pre-trusteeship status quo to preserve democratic processes.

B. v. P.

Appeal Dismissed: Air Canada Pilots Merger Dispute

An appeal to the Court of Appeal for Ontario concerning union governance and the contractual obligations of union members during a merger process involving Air Canada pilots. The court addressed whether union members' right to dissent permitted resistance to the merger, whether there was a breach of the Merger Policy, and whether damages for merger expenses were recoverable under the loss of chance doctrine.

O. v Universal Workers Union (Labourers' International Union of North America, Local 183)

Wrongful Dismissal: Union Officers vs Union Governance

This is an interlocutory proceeding concerning a wrongful dismissal claim brought by former union officers against their union. The plaintiffs alleged breach of employment contracts providing 24 months' notice, while the union argued the contracts were unenforceable due to trusteeship. The court addressed motions regarding the bifurcation of issues, case management, and a unified discovery plan, ultimately declining to bifurcate or assign case management due to the intertwined nature of the employment and governance issues.

S.D. et. al v. M.

Union Officers Fiduciary Duties & Constitution

This is a merits decision concerning union governance, specifically addressing whether union officers breached their fiduciary duties and the union constitution by making payments for legal fees without proper authorization and failing to disclose a costs award. The court applied the framework for assessing fiduciary obligations of union officers and found that while fiduciary duties were breached, the claim for unjust enrichment was dismissed because the payments were intended as compensation for actions taken on instructions.

A. v. D.

Union Governance: CAWU Leadership Election Injunction

This is a procedural ruling on a motion for a mandatory injunction regarding union governance. The court ordered the Defendants to conduct leadership elections for the Canadian Airport Workers’ Union (CAWU) within 90 days, finding that the Defendants breached the union's original Constitution by failing to hold elections by June 14, 2010, and that a purported 2009 amendment was invalid.

R. v. T.

Union Defamation: Qualified Privilege in Flyer Distribution

This is a summary judgment ruling in a defamation action arising from union governance matters. The court addressed whether the distribution of a flyer containing allegedly defamatory statements about union executive members was protected by qualified privilege and whether the court had jurisdiction over the dispute.

A.C. Concrete Forming Ltd. v. Residential Low Rise Forming Contractors Association of Metropolitan Toronto,

Union Industry Fund Misuse: LRB Jurisdiction Review

This decision is a motion to the Court of Appeal for Ontario to reconsider an earlier appeal from a motion judge's decision regarding the alleged misuse of an Industry Fund. The plaintiff employer asked the court to reconsider its ruling based on an incomplete record of previous Ontario Labour Relations Board proceedings involving the defendant trade association. The Court of Appeal refused the request for reconsideration. The court held that the plaintiff should instead return to the Labour Relations Board to determine its jurisdiction over the dispute in the first instance. The motion was dismissed without costs, leaving the plaintiff free to pursue the matter before the Board.

Canadian Union of Postal Workers Local 626 v. Canadian Union of Postal Workers

This is a labour relations dispute concerning the internal governance of a trade union, specifically involving elections and an auditors' report. The case addresses the validity of union elections and the oversight of union financial or procedural records.

W. v. Ontario Secondary School Teachers’ Federation

Union President Reinstatement: Injunction Denied

This is an interlocutory proceeding concerning a union member's application for a mandatory injunction to be reinstated as president of a bargaining unit after removal for alleged misconduct. The court addressed issues of procedural fairness, natural justice, and the clean hands doctrine, ultimately denying the injunction because the plaintiff's harm was compensable by damages and the balance of convenience favoured the union.

Ontario Teachers' Federation v. Ontario Secondary School Teachers' Federation

This is an appeal to the Court of Appeal for Ontario concerning the validity of internal by-laws enacted by the Ontario Teachers' Federation (OTF) regarding fee collection mechanisms and the suspension of affiliates. The dispute centers on whether the Ontario Secondary School Teachers' Federation (OSSTF) could withhold fees and whether OTF's by-laws were ultra vires under the Teaching Profession Act and the Charter of Rights and Freedoms.

T. v. Teamsters Union, Local 938

A procedural matter involving a trade union as a party, classified under labour and employment practice and procedure.

C. v. G.

Union Governance: By-laws and Merger Agreement Dispute

This is a judicial review application concerning union governance, specifically challenging the validity of local union by-laws and the eligibility of applicants for office. The court addressed whether the local by-laws were inconsistent with the international constitution, the international union's obligations under a 1978 merger agreement, and whether the court should intervene before internal remedies were exhausted. The court held that the by-laws were impliedly approved, the international union inherited obligations under the merger agreement, and declined to intervene due to the failure to exhaust internal remedies.

W. v. D.

This is a procedural ruling regarding a class proceeding brought against a union president in their personal capacity for breach of fiduciary duty and violation of the union constitution. The court addressed whether a representation order was required to address collective issues against the union or its executive board and determined that the plaintiff was granted leave to reconstitute the action as a class proceeding.

S. v. B.

This is an interlocutory proceeding concerning a trade union dispute where plaintiffs sought an injunction to prevent the withdrawal of a local union from an international union and the use of its trademarks. The court found a strong prima facie case of breach of the union's constitution and by-laws, granting the injunction and certifying the action as a class proceeding to enforce members' contractual rights.

T. v. A.

This is an appeal concerning the jurisdiction of a motions court judge to grant interlocutory injunctive relief in the absence of a pending proceeding. The underlying dispute involves union governance and disciplinary proceedings following the replacement of the Independent Canadian Steelworkers' Union by the Canadian Auto Workers as the bargaining agent.