Perreault et al. v. Poirier et al.

Perreault et al. v. Poirier et al.

The appellants failed to prove they had legal capacity under article 81 to sue as trustees or in the name of the locals; they were at most agents/mandataries with no proprietary interest in the funds and therefore lacked standing to bring the action in the name of the unions; accordingly the appeal is dismissed.

Citation
[1959] SCR 843
Parties
Plaintiff Appellant: Lionel Perrault and Others (Montreal Joint Board); Defendant Respondent: Charles Emile Poirier; Mise En Cause: Local 205 and Local 262, International Ladies' Garment Workers' Union (mises-en-cause)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1959
Procedural Posture
Civil Appeal (labour/trust) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed
Legal Topics
Trade Union Funds, Legal Capacity to Sue, Trusteeship, Deposit, Mandate, Article 81 Code of Civil Procedure
Source Language
English
Labour Law Trusts Agency Law Civil Procedure Evidence Trade Union Funds Legal Capacity to Sue Trusteeship +3 more

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Parties

Lionel Perrault and Others (Montreal Joint Board)

Plaintiff Appellant

Charles Emile Poirier

Defendant Respondent

Local 205 and Local 262, International Ladies' Garment Workers' Union (mises-en-cause)

Mise En Cause

Procedural Posture

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

Legal Issues

  1. 1 Whether members of an unincorporated association who act as administrators can sue in their collective name for funds belonging to unions/locals
  2. 2 Whether the plaintiffs were trustees of the funds or mere agents/mandataries
  3. 3 Whether the relationship constituted a deposit giving standing to sue

Ratio Decidendi

The appellants failed to prove they had legal capacity under article 81 to sue as trustees or in the name of the locals; they were at most agents/mandataries with no proprietary interest in the funds and therefore lacked standing to bring the action in the name of the unions; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs