Case information
Consult our database for details on a Supreme Court of Canada case.
40685
Robert Morton, Brad Loree, Brenda Crichlow, et al. v. Union of British Columbia Performers, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-10-16 | Close file on Leave | |
| 2023-10-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-12 | Judgment on leave sent to the parties | |
| 2023-10-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA47811, CA47812, CA47827 and CA47828, 2023 BCCA 57, dated February 8, 2023, is dismissed with costs to Union of British Columbia Performers and Alvin Sanders. Dismissed, with costs |
|
| 2023-08-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-25 | Applicant's reply to respondent's argument, (Book Form), Reply - Union, Completed on: 2023-05-29, (Printed version filed on 2023-05-26) | Robert Morton, Brad Loree, Brenda Crichlow |
| 2023-05-25 | Applicant's reply to respondent's argument, (Book Form), Reply – Sanders, Completed on: 2023-05-26, (Printed version filed on 2023-05-26) | Robert Morton, Brad Loree, Brenda Crichlow |
| 2023-05-15 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-05-18) | ACTRA Fraternal Benefits Society and Alvin Sanders |
| 2023-05-15 | Notice of name, (Printed version filed on 2023-05-18) | ACTRA Fraternal Benefits Society and Alvin Sanders |
| 2023-05-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-17, (Printed version filed on 2023-05-18) | ACTRA Fraternal Benefits Society and Alvin Sanders |
| 2023-05-15 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-06-05) | Alvin Sanders |
| 2023-05-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-17, (Printed version filed on 2023-06-05) | Alvin Sanders |
| 2023-05-15 | Notice of name, (Letter Form), (Printed version filed on 2023-06-05) | Union of British Columbia Performers |
| 2023-05-15 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2023-06-05) | Union of British Columbia Performers |
| 2023-05-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-17, (Printed version filed on 2023-06-05) | Union of British Columbia Performers |
| 2023-04-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-04-14 | |
| 2023-04-11 | Notice of name, (Letter Form), (Printed version due on 2023-04-18) | Robert Morton, Brad Loree, Brenda Crichlow |
| 2023-04-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-04-18) | Robert Morton, Brad Loree, Brenda Crichlow |
| 2023-04-11 | Application for leave to appeal, (Book Form), Completed on: 2023-05-17, (Printed version filed on 2023-04-12) | Robert Morton, Brad Loree, Brenda Crichlow |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Robert Morton, Brad Loree, Brenda Crichlow | Applicant | Active |
| Trustees of the Member Benefits Trust | Applicant | Active |
| Katie Stuart, Joe Doserro, Trevor Jones, Maya Macatumpag, | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Union of British Columbia Performers | Respondent | Active |
| ACTRA Fraternal Benefits Society and Alvin Sanders | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Trustees of the Member Benefits Trust and UBCP Retirement Benefits Society | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Union of British Columbia Performers | Respondent | Active |
| ACTRA Fraternal Benefits Society and Alvin Sanders | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Robert Morton, Brad Loree, Brenda Crichlow | Applicant | Active |
| Katie Stuart, Joe Doserro, Trevor Jones, Maya Macatumpag, | Applicant | Active |
| Trustees of the Member Benefits Trust | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alvin Sanders | Respondent | Active |
| Actra Fraternal Benefits Society and Union of B.C. Performers | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Trustees of the Member Benefits Trust and UBCP Retirement Benefits Society | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alvin Sanders | Respondent | Active |
| Actra Fraternal Benefits Society and Union of B.C. Performers | Respondent | Active |
Counsel
Party: Robert Morton, Brad Loree, Brenda Crichlow
Counsel
Nathan Lapper
1800 – 510 West Georgia Street
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Email: James.Goulden@nortonrosefulbright.com
Party: Katie Stuart, Joe Doserro, Trevor Jones, Maya Macatumpag,
Counsel
Nathan Lapper
1800 – 510 West Georgia Street
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Email: James.Goulden@nortonrosefulbright.com
Party: Trustees of the Member Benefits Trust
Counsel
Nathan Lapper
1800 – 510 West Georgia Street
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Email: James.Goulden@nortonrosefulbright.com
Party: Trustees of the Member Benefits Trust and UBCP Retirement Benefits Society
Counsel
Nathan Lapper
1800 – 510 West Georgia Street
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Email: James.Goulden@nortonrosefulbright.com
Party: Union of British Columbia Performers
Counsel
Roberto Joseph De Luca
1650 - 409 Granville Street
Vancouver, British Columbia
V6C 1T2
Email: glavin@koskieglavin.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: ACTRA Fraternal Benefits Society and Alvin Sanders
Counsel
2500 - 666 Burrard Street
Vancouver, British Columbia
V6C 2X8
Email: teetaertm@bennettjones.com
Party: Alvin Sanders
Counsel
Jane Juster Mayfield
925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Email: gbrandt@lawsonlundell.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Actra Fraternal Benefits Society and Union of B.C. Performers
This party is not represented by counsel.
Summary
Keywords
Trusts — Labour relations — Contracts — Do principles of trust law and contract interpretation apply differently to trust deeds in a labour relations context — Whether a trust deed can be interpreted to imply a settlor reserved a power only as a result of subsequent amendment?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Union of British Columbia Performers changed its constitution to allow its members to change their elections between two health benefits plans once every five years. Mr. Sanders elected to opt out of one of the plans, the Member Benefits Trust. The Trustees administering the plan refused to transfer his benefits. Mr. Sanders petitioned for an order confirming his right to transfer. The Trustees petitioned for directions. The Supreme Court of British Columbia dismissed Mr. Sanders’ petition and granted directions to the Trustees. The Court of Appeal allowed an appeal and granted Mr. Sanders’ petition.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 1820, S201512
Petition by Mr. Sanders dismissed; Orders for directions granted to Trustees of Member Benefits Trust
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 57, CA47811; CA47812, CA47827; CA47828
Appeal allowed; Petition by Mr. Sanders granted
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available