Cadieux c. Syndicat Uni du Transport

Cadieux c. Syndicat Uni du Transport

The Federal Court of Appeal held that although the CCRI president reasonably concluded the earlier panel erred and was entitled to reexamine, it was unreasonable to dismiss the complaint without deciding whether the union's 2017 conduct constituted a breach of the duty of fair representation; the CCRI decision is...

Source-derived case information.

Citation
2025 CAF 166
Parties
Applicant: Brian Cadieux; Respondent: Syndicat Uni du Transport, Section Locale 1415; Respondent: Greyhound Canada Transportation ULC
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
17 September 2025
Procedural Posture
Judicial Review of Administrative Decision / Federal Court of Appeal Judgment Remitting Matter to CCRI
Outcome
Judicial review allowed; CCRI decision set aside and remitted for reconsideration
Legal Topics
Duty of Fair Representation, Limitation Period, Section 37 Canadian Labour Code, Reconsideration by Industrial Relations Board
Source Language
fr
Labour Law Administrative Law Judicial Review Duty of Fair Representation Limitation Period Section 37 Canadian Labour Code Reconsideration by Industrial Relations Board

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brian Cadieux

Applicant

Syndicat Uni du Transport, Section Locale 1415

Respondent

Greyhound Canada Transportation ULC

Respondent

Procedural Posture

Judicial Review of Administrative Decision / Federal Court of Appeal Judgment Remitting Matter to CCRI

  1. 1 Whether the CCRI president properly exercised power to grant reexamination of an earlier CCRI decision
  2. 2 Whether the earlier CCRI panel erred in identifying the commencement date of the limitation period for a duty of fair representation complaint
  3. 3 Whether the union breached its duty of fair representation by deciding not to seek judicial review in 2017 and by its communications in 2021

Ratio Decidendi

The Federal Court of Appeal held that although the CCRI president reasonably concluded the earlier panel erred and was entitled to reexamine, it was unreasonable to dismiss the complaint without deciding whether the union's 2017 conduct constituted a breach of the duty of fair representation; the CCRI decision is set aside and the matter is remitted for reconsideration on that substantive issue.

Court Disposition

Judicial review allowed; CCRI decision set aside and remitted for reconsideration

Orders

  • Judicial review is allowed with costs to the applicant
  • Decision of the Canada Industrial Relations Board (president) dated 2 August 2024 is annulled