Case information

Labour relations — Contracts — Unions — Courts — Judges — Union constitution — Relations between union members and union — Union disciplinary procedure — Whether trial judge erred in summarily dismissing breach of contract claim related to alleged breaches of union constitution — Whether trial judge erred in dismissing allegations of judicial bias — Whether Court of Appeal erred in dismissing appeal.

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 applicant and his brother were employed in positions that required maintaining membership in good standing with the respondent union local. Relations between and among the national union, the union local and union members are governed by a union constitution. During a labour dispute, the union local enacted a ban on working overtime, with which the applicant and his brother disagreed. In response to the union local’s disciplinary actions against his brother, the applicant laid multiple charges under the union’s constitution against members of the union local’s executive. The union local counter-charged the applicant with laying frivolous or vexatious charges. The charges and counter-charges were referred to the respondent national union, which found the applicant guilty of the counter-charges.

The applicant pursued numerous civil claims, including an allegation of breach of contract. The B.C. Supreme Court summarily dismissed his claim in breach of contract as having no merit. The Court of Appeal dismissed his appeal.

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