Society Brand Clothes Ltd. v. Amalgamated Clothing Workers of America

Society Brand Clothes Ltd. v. Amalgamated Clothing Workers of America

Because the defendants were unincorporated associations lacking civil personality and New York law did not recognize them as juridical persons for the purposes relied upon, they could not be sued in their common name under article 79 C.C.P.; incapacity apparent on the face of the record may be raised at any stage,...

Source-derived case information.

Citation
[1931] SCR 321
Parties
Appellant / Plaintiff: Society Brand Clothes Ltd.; Respondent / Unincorporated Association: Amalgamated Clothing Workers of America; Respondent / Unincorporated Subsidiary Association: Montreal Joint Board; Respondent / Unincorporated Subsidiary Branch: Local Union No. 115 (Montreal); Respondent / Unincorporated Subsidiary Branch: Local Union No. 167 (Montreal); Respondent / Unincorporated Subsidiary Branch: Local Union No. 209 (Montreal); Respondent / Unincorporated Subsidiary Branch: Local Union No. 247 (Montreal); Respondent / Unincorporated Subsidiary Branch: Local Union No. 277 (Montreal)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 December 1930
Procedural Posture
Civil Appeal (labour Law — Torts and Injunction) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec; Final Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment below affirmed to the extent it dismissed action against unincorporated associations
Legal Topics
Unincorporated Associations, Suability, Foreign Law Characterisation, Representative Actions, Registration of Trade Unions, Interlocutory Injunctions
Source Language
english
Labour Law Civil Procedure Conflict of Laws Tort Law Unincorporated Associations Suability Foreign Law Characterisation Representative Actions +2 more

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Parties

Society Brand Clothes Ltd.

Appellant / Plaintiff

Amalgamated Clothing Workers of America

Respondent / Unincorporated Association

Montreal Joint Board

Respondent / Unincorporated Subsidiary Association

Local Union No. 115 (Montreal)

Respondent / Unincorporated Subsidiary Branch

Local Union No. 167 (Montreal)

Respondent / Unincorporated Subsidiary Branch

Local Union No. 209 (Montreal)

Respondent / Unincorporated Subsidiary Branch

Local Union No. 247 (Montreal)

Respondent / Unincorporated Subsidiary Branch

Local Union No. 277 (Montreal)

Respondent / Unincorporated Subsidiary Branch

Procedural Posture

Civil Appeal (labour Law — Torts and Injunction) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec; Final Judgment on Appeal

Legal Issues

  1. 1 Whether an unincorporated labour union constitutes a juridical person suable in its common name
  2. 2 Whether Article 79 C.C.P. permits appearance of a foreign unincorporated association by virtue of foreign law
  3. 3 Whether incapacity apparent on the face of the process can be raised at any stage despite appearance (Article 176 C.C.P.)

Ratio Decidendi

Because the defendants were unincorporated associations lacking civil personality and New York law did not recognize them as juridical persons for the purposes relied upon, they could not be sued in their common name under article 79 C.C.P.; incapacity apparent on the face of the record may be raised at any stage, therefore the appeal was dismissed and the unincorporated bodies could not be held liable as entities distinct from their members.

Court Disposition

Appeal dismissed with costs; judgment below affirmed to the extent it dismissed action against unincorporated associations

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of King’s Bench and Superior Court dismissing the action against the unincorporated associations affirmed.