International Brotherhood of Teamsters v. Therien

International Brotherhood of Teamsters v. Therien

A trade union certified as bargaining agent under the Labour Relations Act is a legal entity suable in its own name and the union's officials, by threatening picketing and thereby inducing the employer to terminate dealings with an independent contractor, committed unlawful acts in breach of the collective agreement and ss.21 and related provisions of the Labour Relations Act; those acts were not protected by s.2 of the Trade‑unions Act because they were not done in connection with a trade or labour dispute as contemplated by that Act. The appeal is dismissed.

Citation
[1960] SCR 265
Parties
Defendant Appellant: International Brotherhood of Teamsters, Local No. 213, Vancouver, British Columbia, A.F. of L.; Plaintiff Respondent: Henry Therien
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1960
Procedural Posture
Appeal (civil Tort, Labour) / On Appeal to the Supreme Court of Canada; Judgment Delivered
Outcome
Appeal dismissed; judgment of trial court and Court of Appeal affirmed
Legal Topics
Liability of Trade Union, Picketing and Threats, Closed Shop/collective Agreement Compliance, Certification and Bargaining Agent Status, Statutory Immunities Under Trade‑unions Act S.2, Interpretation of Labour Relations Act Ss.4, 6, 21, 22, Tortious Interference With Business, Grievance and Arbitration Procedure
Source Language
English
Labour Law Tort Law Contract Law Administrative Law Liability of Trade Union Picketing and Threats Closed Shop/collective Agreement Compliance Certification and Bargaining Agent Status +4 more

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Parties

International Brotherhood of Teamsters, Local No. 213, Vancouver, British Columbia, A.F. of L.

Defendant Appellant

Henry Therien

Plaintiff Respondent

Procedural Posture

Appeal (civil Tort, Labour) / On Appeal to the Supreme Court of Canada; Judgment Delivered

Legal Issues

  1. 1 Whether a certified trade union is a legal entity suable in tort
  2. 2 Whether the union's threats to picket and remove contractor from jobs disclosed an actionable wrong
  3. 3 Whether s.2 of the Trade‑unions Act barred liability absent authorization

Ratio Decidendi

A trade union certified as bargaining agent under the Labour Relations Act is a legal entity suable in its own name and the union's officials, by threatening picketing and thereby inducing the employer to terminate dealings with an independent contractor, committed unlawful acts in breach of the collective agreement and ss.21 and related provisions of the Labour Relations Act; those acts were not protected by s.2 of the Trade‑unions Act because they were not done in connection with a trade or labour dispute as contemplated by that Act. The appeal is dismissed.

Court Disposition

Appeal dismissed; judgment of trial court and Court of Appeal affirmed

Orders

  • Appeal dismissed with costs
  • Trial judgment affirmed: award of general damages $2,500