Union Liability — Ontario Employment Law
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About Union Liability
In Ontario, trade unions are legally recognized entities that can sue and be sued in their own name. However, establishing “union liability”—holding a union financially and legally responsible for damages—is heavily restricted by jurisdictional boundaries. When a dispute arises, the critical question is not just whether the union did something wrong, but which legal forum has the authority to hold them accountable.
Most conflicts between a unionized worker and their union involve the collective agreement or the union’s representation during workplace disputes. Under Ontario’s Labour Relations Act, 1995, complaints that a union acted in an arbitrary, discriminatory, or bad faith manner regarding a grievance (known as a breach of the duty of fair representation) fall strictly under the exclusive jurisdiction of the Ontario Labour Relations Board (OLRB). If an employee attempts to sue their union in civil court for poor representation or matters arising from the collective agreement, a judge will almost certainly dismiss the lawsuit for lack of jurisdiction.
Despite this, unions are not immune from civil liability in regular courts. A union can be held liable for common law torts, such as the intentional infliction of mental suffering or defamation, provided the core of the dispute truly falls outside the realm of the collective agreement. Additionally, unions can face significant liability under the Ontario Human Rights Code if they participate in discrimination or impede an employer's attempt to accommodate a worker (for instance, by refusing to bend a strict seniority rule for a required medical accommodation). In these human rights cases, the Human Rights Tribunal of Ontario (HRTO) will often find the employer and the union jointly and severally liable, meaning both parties must compensate the worker.
Navigating actions against a labour organization involves complex overlapping statutes and strict procedural hurdles. Because assessing whether a union can be legally pursued in court versus a specialized tribunal is a highly technical exercise, obtaining guidance from an independent labour lawyer is strongly recommended to avoid having a claim prematurely dismissed.
Frequently Asked Questions
Can I sue my union in an Ontario civil court?
Generally, no, if the dispute is related to your collective agreement or how the union handled your grievance. Those issues belong at the Ontario Labour Relations Board. You can only sue a union in civil court for distinct civil wrongs (like certain types of harassment or defamation) that strictly fall outside the collective agreement.
What happens if a union prevents my employer from accommodating my disability?
Under the Ontario Human Rights Code, unions have a duty not to impede reasonable accommodation. If a union blocks an employer's valid attempt to accommodate your disability—such as refusing to agree to an essential shift change—the Human Rights Tribunal of Ontario can hold the union jointly liable alongside your employer.
Can I hold individual union stewards personally liable?
It is extremely difficult to sue individual union stewards or board members personally for actions taken in their official capacity. In most scenarios, the legal entity responsible is the trade union itself, unless an individual representative committed an independent tort completely outside the scope of their union duties.
Is there a time limit to file a claim against a union?
Yes, and the deadline depends on the forum. Civil lawsuits are generally subject to a strict two-year limitation period under the Limitations Act, 2002. However, human rights applications must usually be filed within one year of the discriminatory incident, and Ontario Labour Relations Board complaints must be filed promptly, typically within a few months of you knowing about the breach.
When should I consult independent legal counsel about union liability?
You should speak to a private labour lawyer the moment you believe your union has directly caused you compensable harm, such as participating in discrimination or deliberately abandoning a severe grievance. An independent lawyer can assess which tribunal or court actually has the power to hear your case.
Common Scenarios
- A worker files a civil lawsuit against their union for breach of contract because the union dropped their wrongful dismissal grievance. The overriding statutory framework requires a judge to dismiss the lawsuit, directing the worker to file a complaint at the labour board instead.
- A union insists on strictly applying a collective agreement seniority clause, which prevents an employer from permanently reassigning a pregnant worker to light duties. The worker files an application with the HRTO, leading to a ruling where both the employer and the union must pay damages for adverse effect discrimination.
- Union officials launch an orchestrated, public harassment campaign against a dissenting member during a heated strike, involving conduct completely unrelated to collective bargaining. The member successfully pursues the union in civil court for intentional infliction of mental distress.
What You Should Know
- Always identify the correct venue—court, the Ontario Labour Relations Board, or the Human Rights Tribunal—before initiating a claim against a union to avoid having your case struck out with cost penalties.
- If you plan to claim that your union discriminated against you, closely document all emails, meeting notes, and statements from union representatives that demonstrate their refusal to support your human rights accommodation.
- Do not assume that the general two-year litigation timeline applies to your dispute; labour board and human rights complaints have much shorter, stricter deadlines.
- If your complaint involves the union's internal handling of your membership, check the union's constitution, as you may be required to exhaust internal appeal mechanisms before launching external legal action.
Featured Cases
W. v. Human Rights Tribunal, et al.
2020 ONSC 1569 (CanLII) · 2020-10-30Judicial Review: Human Rights Tribunal Dismissal
This is a judicial review of a Human Rights Tribunal of Ontario decision that dismissed an applicant's human rights complaint against her union. The Divisional Court reviewed the Tribunal's decision, applying a reasonableness standard of review and examining the Tribunal's conclusion that the union had no duty to accommodate or liability for discrimination.
L. v. International Brotherhood of Electrical Workers
2016 ONSC 5129 (CanLII) · 2016-08-18Wrongful Dismissal: Union Liability & Representation Orders
This is an interlocutory proceeding concerning a motion to amend pleadings in a wrongful dismissal action against a union. The court addressed whether individual union board members could be added as representatives of union members under Rule 12.07 and whether this constituted adding new parties after the limitation period. The case later reached the Supreme Court of Canada (International Brotherhood of Electrical Workers (IBEW) Local 773 v. L., 2018 SCC 11). The Supreme Court of Canada dismissed the appeal, substantially for the reasons of the majority of the Court of Appeal. This allows the plaintiff's motion for a representation order to amend the statement of claim to stand.
Canadian Union of Postal Workers v. Canada Post Corporation
2012 ONSC 4110 (CanLII) · 2012-08-14Union Liability for Illegal Strikes: Arbitrator Damages Reviewed
This is a judicial review of a labour arbitration award where the Divisional Court examined whether an arbitrator had the authority to award compensatory and punitive damages against the Canadian Union of Postal Workers for organizing illegal strikes in breach of the collective agreement. The Court applied the Dunsmuir framework, holding that the standard of review was reasonableness and that the arbitrator's interpretation of the collective agreement and the Canada Labour Code fell within a range of acceptable outcomes.
K. v. Communications, Energy and Paperworkers Union of Canada
2011 ONSC 712 (CanLII) · 2011-02-08Union Liability for Workplace Harassment and Mental Stress
This case addresses whether a trade union can be sued as a legal entity for torts and breaches of contract, specifically regarding claims for mental stress caused by workplace harassment. The court determined that unions are recognized as legal entities capable of being sued in their own names and that the Workplace Safety and Insurance Act does not bar claims for intentional and negligent infliction of mental stress unless caused by sudden traumatic events. Additionally, the motion to stay proceedings was dismissed as the prior discontinued claim did not bar the current action, and the union was estopped from requiring exhaustion of internal remedies.
P. v. P.
2009 CanLII 6630 (ON SCDC) · 2009-01-22Representation Orders & Limitation Periods in Union Disputes
This is a procedural ruling concerning a motion for a Representation Order under Rule 12.07 to bind union members to an action involving vicarious liability for a picket line assault. The court addressed whether granting the order effectively added new parties after the limitation period had expired and whether the doctrine of special circumstances could apply. The limitation period was fatal to the application, and no costs were awarded due to the novelty of the legal issues.
B. v. Ontario Public Service Employees Union
2004 CanLII 34769 (ON SC) · 2004-11-01Post-Strike Retaliation Case: Grievance Procedure Bars Claims
A merits decision involving a plaintiff who alleged harassment and discriminatory conduct by union members and representatives during and after a strike. The court ruled that the grievance procedure under the collective agreement barred the plaintiff's claims, citing exclusive jurisdiction and statutory fairness concerns.
V. v. Naylor Group Inc. Employees Assn.
1993 CanLII 5462 (ON SC) · 1993-09-03Union Liability: Exclusive Jurisdiction & Charter Rights
This is a procedural and constitutional ruling regarding whether a court has jurisdiction to hear a lawsuit against a union for breach of the duty of fair representation. The court held that the Labour Relations Act grants exclusive jurisdiction to the Labour Relations Board, thereby barring court actions, and found that this statutory framework does not violate the plaintiff's Charter rights under sections 7 and 15.
Office and Professional Employees International Union, Local 267 v. Domtar Inc.
1992 CanLII 7512 (ON SC) · 1992-03-19Human Rights Employment: Union and Employer Jointly Liable for Religious Discrimination
A human rights case involving adverse effect discrimination based on religious creed, where both the employer and union were found jointly and severally liable for failing to accommodate the employee's religious beliefs. The court examined whether the union contributed to wage loss through discriminatory practices and whether the employer failed to reasonably accommodate the employee's religious needs.
R. v. Ford Motor Co. of Canada Ltd.
1988 CanLII 5633 (ON HCJDC) · 1988-08-22Human Rights: Appeal from Interlocutory Board of Inquiry Decision
This is an appeal to the Divisional Court addressing procedural questions regarding appeals from interlocutory decisions of a board of inquiry under the Ontario Human Rights Code, 1981, and whether such appeals trigger an automatic stay of proceedings. The appeal also encompasses substantive rulings on constructive discrimination, the duty of reasonable accommodation, and the ability to join unions as respondents in employment discrimination complaints.
S. v. M.
1982 CanLII 3105 (ON SC) · 1982-03-10Union Officer Liability: Duty of Fair Representation
This is a procedural ruling on a motion to strike pleadings in a labour relations dispute. The plaintiffs, firefighters excluded from Ontario Labour Relations Act protections, alleged that union officers breached their duty of fair representation and acted in bad faith during collective bargaining. The court addressed whether union officers could be held personally liable in tort for such conduct and whether the statutory exclusion precluded a common law duty.
Re Polymer Corporation and Oil, Chemical and Atomic Workers' Union, Local 16-14
1961 CanLII 152 (ON SC) · 1961-01-23Union Liability and Arbitration Jurisdiction
This is a legal ruling addressing the jurisdiction of arbitration boards and the liability of trade unions under collective agreements. The court held that it retains jurisdiction to interpret collective agreements and delineate arbitrators' powers, that arbitration boards have jurisdiction to award damages for breaches of collective agreements including no-strike clauses, and that certified trade unions have the capacity to incur liability for damages.