Krasko v. Kuling et al., (2004) 256 Sask.R. 143 (QB)

• Judge: Laing, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: November 23, 2004
• Jurisdiction: Saskatchewan
• Citations: (2004), 256 Sask.R. 143 (QB);2004 SKQB 466

Krasko v. Kuling (2004), 256 Sask.R. 143 (QB)

MLB headnote and full text

Temp. Cite: [2004] Sask.R. TBEd. DE.073

John Joseph Krasko (plaintiff/respondent) v. Jeff Kuling, Jae Rae, Graison Swann and Richelle Kauk (defendants/applicants)

(2004 Q.B.G. No. 51; 2004 SKQB 466)

Indexed As: Krasko v. Kuling et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Laing, J.

November 23, 2004.

Summary:

The plaintiff sued the defendants, members of the executive of CAW Local 4278, for defamation. The statement of claim also alleged that deficiencies in due process with respect to the plaintiff's removal from the executive of Local 4278 contravened the Trade Union Act and the principles of natural justice. The defendants applied to strike the statement of claim on the ground that it was in essence a labour relations complaint falling within the jurisdiction of the Labour Relations Board. Alternatively, the defendants argued that the court should decline jurisdiction because the plaintiff did not exhaust remedies available to him under the union constitution.

The Saskatchewan Court of Queen's Bench dismissed the application.

Labour Law - Topic 2247

Unions - Constitution and bylaws - General - Effect on civil action - The plaintiff sued the defendants, members of the executive of CAW Local 4278, for defamation - The statement of claim also alleged that deficiencies in due process with respect to the plaintiff's removal from the executive of Local 4278 contravened the Trade Union Act and the principles of natural justice - The defendants argued that the court should decline jurisdiction because the plaintiff did not exhaust remedies available to him under the union constitution before commencing the action (exhaustion rule) - The Saskatchewan Court of Queen's Bench rejected the argument - Damages were being sought for defamation only - The action for defamation had nothing to do with the internal workings of the union and the exhaustion rule had no application - See paragraphs 11 to 14.

Labour Law - Topic 7205

Industrial relations - Collective agreement - Enforcement - Civil action - Jurisdiction - The plaintiff sued the defendants, members of the executive of CAW Local 4278, for defamation - The statement of claim also alleged that deficiencies in due process with respect to the plaintiff's removal from the executive of Local 4278 contravened the Trade Union Act and the principles of natural justice - The defendants applied to strike the statement of claim on the ground that it was in essence a labour relations complaint falling within the jurisdiction of the Labour Relations Board - The Saskatchewan Court of Queen's Bench dismissed the application - Damages were being sought for defamation only - There was nothing in the claim that would engage the jurisdiction of the Labour Relations Board - See paragraphs 8 to 10.

Cases Noticed:

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321, refd to. [para. 8].

New Brunswick v. O'Leary, [1995] 2 S.C.R. 967; 183 N.R. 229; 163 N.B.R.(2d) 97; 419 A.P.R. 97; 125 D.L.R.(4th) 609, refd to. [para. 8].

White v. Kuzych, [1951] 3 D.L.R. 641 (P.C.), refd to. [para. 11].

Dawkins v. Antrobus (1881), 17 Ch. D. 615, refd to. [para. 13].

Horncastle and Sayers v. Saskatchewan Government Employees' Association (1980), 4 Sask.R. 22; 80 C.L.L.C. 14,065 (Q.B.), refd to. [para. 13].

McRae v. Cargo & Gangway Watchmen's Union of Port of Saint John, N.B., Local 1720, [1953] 1 D.L.R. 327 (N.B.C.A.), refd to. [para. 13].

Hughes v. Seafarers' International Union (1961), 31 D.L.R.(2d) 441 (B.C.S.C.), refd to. [para. 13].

LeBlanc v. Winters and Mosienko (1986), 53 Sask.R. 22 (C.A.), refd to. [para. 13].

Counsel:

M. Jean Torrens, for the applicants;

Theodore F. Koskie and Mary J. Helms, for the respondent.

This application was heard before Laing, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on November 23, 2004.