Union Membership — Ontario Employment Law

J. et al. v. G. et al.

Union Expulsion: Limitation Periods and Pension Benefits

This is a procedural ruling regarding limitation periods in a dispute involving union expulsion and pension benefits. The court addressed whether the ultimate limitation period under the Limitation Act, 2002, barred claims that plaintiffs argued arose in 2021 but were arguably discoverable in the mid-1990s, including arguments regarding concealment and the void ab initio nature of the expulsion.

G. v. M.

Union Expulsion: Fiduciary Duties & Trust Benefits

This case addresses whether union trustees breached their fiduciary duties by enacting and enforcing a Dual Union Policy that resulted in the plaintiff's expulsion from the union. The court found no breach of fiduciary duty, upheld the policy as serving a legitimate labour relations purpose, and determined that the expelled member was no longer a beneficiary of the union trust or entitled to the return of contributions held in dollar bank accounts.

B. v. P.

Union Membership Dispute: Class Action Over Arbitration Award Refusal

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.

Ontario (Human Rights Commission) v. T.

Human Rights: Gender-Based Union Membership Appeal

This is an appeal to the Court of Appeal for Ontario regarding whether compulsory membership of women elementary school teachers in a women-only union contravened the Ontario Human Rights Code. The majority held that such gender-based segregation constituted discrimination, while the dissent emphasized the historical context of the union's role.

T. v. A.

This is an interlocutory appeal concerning the jurisdiction of a motions court judge to grant injunctive relief in a labour dispute involving union membership and disciplinary actions. The appeal addresses whether the relief granted exceeded the claims in the statement of claim and whether procedural requirements for contempt orders were met.

Regina v. Bushnell Communications Ltd. et al.

Union Membership Dismissal: Proximate Cause Test

This is an appeal from a criminal conviction under the Canada Labour Code regarding the dismissal of an employee due to union membership. The Court of Appeal addressed whether union membership must be the sole or principal cause of dismissal to establish an offence, ruling that it must be a proximate cause but may coexist with other causes. The court also reviewed the trial judge's assessment of witness credibility and evidence regarding the employer's motivation.

Regina v. Bushnell Communications Ltd. et al.

Union Membership and Termination: Canada Labour Code Section 110(3) Interpretation

A case involving the termination of an employee allegedly due to union membership, addressing whether union membership must be the principal reason for dismissal to constitute an offence under section 110(3) of the Canada Labour Code. The trial judge dismissed the charge due to insufficient proof of union membership as the principal reason for termination, and the case examines whether the trial judge applied the correct standard of proof.

B. v. J. et al.

Union Member Suspension: Constitutional Authority Appeal

This is an appeal from a trial decision concerning the suspension of a union member. The Court of Appeal found that the union defendants exceeded their constitutional authority in suspending the plaintiff, although it disagreed with the trial judge's finding of bad faith due to insufficient evidence.