master smart

3.68: Court options to deal with significant deficiencies
7.3: Summary Judgment (Application and decision)

Case Summary

The Defendant union applied to have the Plaintiffs’ Claim struck out pursuant to Rule 3.68 or, alternatively, summarily dismissed pursuant to Rule 7.3. The Plaintiffs claimed the Defendant breached its duty of fair representation under the Canada Labour Code, RSC 1985, c L-2 (the “Code”). The Plaintiffs also claimed that the Defendant owed them a fiduciary duty to fairly represent them and in breaching its duty under the Code it also breached its fiduciary duty. The Plaintiffs claimed punitive or exemplary damages.

The dispute had already been the subject of proceedings before the Canada Industrial Relations Board (the “CIRB”). Master Smart determined that the CIRB, not the Court, had jurisdiction over the Claim and that a re-litigation of the matter before the Court was an abuse of process. As a result, Master Smart struck the Claim pursuant to Rules 3.68(1)(a), 3.68(2)(a) and 3.68(2)(d). As a result of the Decision to strike the Claim, the Court declined to consider whether the Claim should be summarily dismissed.

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