International Ladies Garment Workers Union v. Rothman

International Ladies Garment Workers Union v. Rothman

Section 2 of Quebec statute 2 Geo. VI, c.96 authorizes summoning unincorporated groups as defendants by naming them or summoning an officer, but does not confer collective legal personality or the capacity to institute actions as plaintiffs in the group's name; accordingly the unions could not sue in their collective name and the appeal fails.

Citation
[1941] SCR 388
Parties
Plaintiff Appellant (unincorporated Association): International Ladies Garment Workers Union; Plaintiff Appellant (unincorporated Association): Dressmakers Union Local 262 (of the International Ladies Garment Workers Union); Plaintiff Appellant (unincorporated Association): Dress Cutters Union Local 205 (of the International Ladies Garment Workers Union); Defendant Respondent: Charles Rothman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 June 1941
Procedural Posture
Civil Action (labour/contract) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench affirmed; motion to quash dismissed
Legal Topics
Capacity to Sue, Unincorporated Associations, Summoning of Defendants, Collective Personality, Jurisdiction to Sue and Be Sued
Source Language
English
Civil Procedure Labour Law Statutory Interpretation Corporate/personhood Law Capacity to Sue Unincorporated Associations Summoning of Defendants Collective Personality +1 more

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Parties

International Ladies Garment Workers Union

Plaintiff Appellant (unincorporated Association)

Dressmakers Union Local 262 (of the International Ladies Garment Workers Union)

Plaintiff Appellant (unincorporated Association)

Dress Cutters Union Local 205 (of the International Ladies Garment Workers Union)

Plaintiff Appellant (unincorporated Association)

Charles Rothman

Defendant Respondent

Procedural Posture

Civil Action (labour/contract) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether Quebec statute 2 Geo. VI, c.96 confers on unincorporated groups (trade unions) the capacity to institute actions in their collective name
  2. 2 Whether the statutory right to be summoned as a group implies a reciprocal right to sue (ester en justice) as a group
  3. 3 Whether prior case law (Society Brand) remains authoritative or has been displaced by subsequent legislation

Ratio Decidendi

Section 2 of Quebec statute 2 Geo. VI, c.96 authorizes summoning unincorporated groups as defendants by naming them or summoning an officer, but does not confer collective legal personality or the capacity to institute actions as plaintiffs in the group's name; accordingly the unions could not sue in their collective name and the appeal fails.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench affirmed; motion to quash dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench (Q.R. 69 K.B. 154) affirmed