International Association of Bridge, Structural & Ornamental Ironworkers Union, Local 97, et al. v. Canadian Ironworkers Union No. 1

International Association of Bridge, Structural & Ornamental Ironworkers Union, Local 97, et al. v. Canadian Ironworkers Union No. 1

Where representatives of affiliated unions, acting through a building trades council, used illegal means (strike and threats) to obtain a subcontractors' clause that would damage a rival union, and where evidence showed those representatives acted with authority or apparent authority for Local 97, Local 97 is liable for the tortious acts; authority may be inferred from conduct and shared objectives even without formal agreement.

Citation
[1972] SCR 295
Parties
Appellants (defendants): International Association of Bridge, Structural & Ornamental Ironworkers Union, Local 97, et al.; Respondent (plaintiff): Canadian Ironworkers Union No. 1
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1971
Procedural Posture
Labour Law Appeal (tort Arising From Industrial Relations) / Appeal to the Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal dismissed; Court of Appeal judgment finding liability against Local 97 and ordering a new trial limited to damages is affirmed.
Legal Topics
Illegal Strike and Picketing, Conspiracy/illegal Means to Obtain Subcontractors' Clause, Implied Agency/authority, Damages, Building Trades Council Arrangements
Source Language
English
Labour Law Tort (conspiracy/illegal Means) Agency Law Illegal Strike and Picketing Conspiracy/illegal Means to Obtain Subcontractors' Clause Implied Agency/authority Damages Building Trades Council Arrangements

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Parties

International Association of Bridge, Structural & Ornamental Ironworkers Union, Local 97, et al.

Appellants (defendants)

Canadian Ironworkers Union No. 1

Respondent (plaintiff)

Procedural Posture

Labour Law Appeal (tort Arising From Industrial Relations) / Appeal to the Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether Local 97 can be held liable for torts committed by affiliated unions and council agents
  2. 2 Whether using illegal means to secure a lawful objective gives rise to tortious liability when damage results
  3. 3 Whether authority or agency can be inferred from conduct absent formal agreement

Ratio Decidendi

Where representatives of affiliated unions, acting through a building trades council, used illegal means (strike and threats) to obtain a subcontractors' clause that would damage a rival union, and where evidence showed those representatives acted with authority or apparent authority for Local 97, Local 97 is liable for the tortious acts; authority may be inferred from conduct and shared objectives even without formal agreement.

Court Disposition

Appeal dismissed; Court of Appeal judgment finding liability against Local 97 and ordering a new trial limited to damages is affirmed.

Orders

  • Appeal dismissed with costs
  • New trial limited to assessment of damages ordered (order of the Court of Appeal affirmed)