DUNLOP v CARPENTERS' REGIONAL COUNCIL OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, 2024 ABKB 496

LEMA J

3.74: Adding, removing or substituting parties after close of pleadings
6.3: Applications generally

Case Summary

This was an Injunction Application by a Pension Trust (the “Trust”) seeking to stay union-discipline trials against three union members pending the outcome of a Court proceeding concerning trust amendments and compensation paid to trustees. The Trust argued that the Court was the proper venue to resolve these issues, asserting the legality of the amendments and compensation. However, the Union maintained that the disciplinary trials involved different legal and factual matters, and the Trust lacked standing.

The Court found that the Trust had no procedural foundation for its Application under Rules 6.3 and 3.74, as it failed to file a Statement of Claim or become a party to the existing Originating Application. The Court noted that Rule 6.3(2)(a) mandates that only parties to an Action may bring Applications, and the Trust did not meet the requirements under Rule 3.74. The Court also found no valid argument that the disciplinary proceedings should be stayed due to the compensation litigation, as the Trust failed to demonstrate any material stake or potential harm from the removal of the union trustees. As a result, the Court dismissed the Application and awarded full-indemnity costs to the Union.

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