Clark et al. v. Gilbert et al., (1996) 24 O.T.C. 137 (GD)

• Judge: Cameron, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: December 12, 1996
• Jurisdiction: Ontario
• Citations: (1996), 24 O.T.C. 137 (GD)

Clark v. Gilbert (1996), 24 O.T.C. 137 (GD)

MLB headnote and full text

John Clark and Steve Guiliano (applicants) v. Daniel Gilbert and Thomas Kukovica (respondents)

(Court File No. 96-Mu-15359)

Indexed As: Clark et al. v. Gilbert et al.

Ontario Court of Justice

General Division

Cameron, J.

December 12, 1996.

Summary:

The applicants were members of the United Food and Commercial Workers' International Union, Local 1000A (the Local). The applicants applied for, inter alia: an order that an election be held for the officers of the Local which was in strict compliance with the provisions of the United Food and Commercial Workers' International Union Constitution (the International Constitution); a declaration that to the extent the bylaws of the Local were inconsistent with the International Constitution, the latter prevailed; a declaration that the election of officers of the Local in November 1995 was unlawful as not being in accordance with the International Constitution. The International Constitution stipulated that a member would not institute an action outside the union against the International, a local union, or any of their officers or representatives without first exhausting all remedies provided by the International Constitution and the local union bylaws. The respondents argued that the applicants had not exhausted their opportunities to amend either the International Constitution or the Local bylaws.

The Ontario Court (General Division) dismissed the application. If the applicants failed in the amendment process they could then come to the court.

Labour Law - Topic 2247

Unions - Constitution and bylaws - General - Effect on civil action - See paragraphs 39 to 48.

Cases Noticed:

Orchard v. Tunney, [1957] S.C.R. 436; 8 D.L.R.(2d) 273, refd to. [para. 39].

Astgen v. Smith, [1970] 1 O.R. 129 (C.A.), refd to. [para. 39].

Nipissing Hotel Ltd. v. Hotel and Restaurant Employees' and Bartenders' Union, [1963] 2 O.R. 169 (H.C.), refd to. [para. 40].

White v. Kuzych, [1951] A.C. 585; [1951] 3 D.L.R. 641 (P.C.), refd to. [para. 43].

Wood, Wire & Metal Lathers' International Union, Local 207 v. United Brotherhood of Carpenters and Joiners of America, Local 452, [1973] S.C.R. 756; 35 D.L.R.(3d) 714, refd to. [para. 43].

McLean v. Workers Union, [1929] All E.R. 468 (Ch. D.), refd to. [para. 49].

Hamlet v. General Municipal, Boilermakers and Allied Trades Union, [1987] 1 All E.R. 631 (Ch. D.), refd to. [para. 49].

McWhirter v. University of Alberta (Governors) (1979), 18 A.R. 145; 103 D.L.R.(3d) 255 (C.A.), refd to. [para. 49].

Counsel:

Michael Klug, for the applicants;

Paul J.J. Cavalluzzo and Fay Faraday, for the respondent, Gilbert;

Alan Minsky, Q.C., for the respondent Kukovica

This application was heard on November 12 and 13, 1996, before Cameron, J., of the Ontario Court (General Division), who delivered the following judgment on December 12, 1996.