Lackmanec v. Hoffman and Wall, (1982) 15 Sask.R. 1 (CA)

• Judge: Woods, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 31, 1982
• Jurisdiction: Saskatchewan
• Citations: (1982), 15 Sask.R. 1 (CA);1982 CanLII 2585 (SK CA);1982 CanLII 2585 (BS SC);133 DLR (3d) 502;[1982] 3 WWR 714;15 Sask R 1

Lackmanec v. Hoffman (1982), 15 Sask.R. 1 (CA)

MLB headnote and full text

Lackmanec v. Hoffman and Wall

(No. 7452)

Indexed As: Lackmanec v. Hoffman and Wall

Saskatchewan Court of Appeal

Woods, Hall and Bayda, JJ.A.

March 31, 1982.

Summary:

A union member sued her union for damages for conspiracy to deprive her of her right to grieve her dismissal from employment. The defendant union applied to strike out the plaintiff's statement of claim on the ground that it failed to disclose a cause of action.

The Saskatchewan Court of Queen's Bench dismissed the application. The judgment of the Court of Queen's Bench is set out below - see paragraphs 30 to 36. The union appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds, failure to disclose a cause of action - A union member sued her union for damages for conspiracy to deprive her of her right to grieve her dismissal from employment - The Saskatchewan Court of Appeal affirmed a dismissal of an application by the union to strike out the plaintiff's statement of claim because it failed to disclose a cause of action.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds, failure to disclose a cause of action - The Saskatchewan Court of Appeal referred to the material which may be referred to on an application to strike out a statement of claim because it discloses no cause of action (see paragraph 4).

Labour Law - Topic 2454

Unions - Liability of unions in tort - Defences, enforcement of collective agreement - A union member sued her union for damages for conspiracy to deprive her of her right to grieve her dismissal from employment - The Saskatchewan Court of Appeal held that the woman's action was not barred by s. 30 of the Trade Union Act because she was not seeking to enforce the collective agreement "although it is related to the alleged torts" (see paragraph 7).

Labour Law - Topic 2448

Unions - Liability of unions in tort - Effect of statutory remedies - A union member sued her union for damages for conspiracy to deprive her of her right to grieve her dismissal from employment - The Saskatchewan Court of Appeal stated that statutory provisions respecting unfair labour practices did not affect the woman's action in the absence of explicit statutory language taking away her common law action (see paragraph 9).

Labour Law - Topic 2444

Unions - Liability of unions in tort - Conspiracy - The Saskatchewan Court of Appeal stated that if an employee's rights under a collective agreement are lost as a result of a union's bad faith, an action will lie for damages (see paragraph 20).

Cases Noticed:

Balacko v. Eaton's of Canada Ltd. (1967), 60 W.W.R. 22, refd to. [paras. 4 and 30].

Caven v. C.P.R., [1925] 3 W.W.R. 32, refd to. [para. 7].

Bertrand v. Canadian National Telegraph Company, [1948] 1 W.W.R. 49, refd to. [paras. 7 and 32].

Young v. Canadian National Railway Company, [1931] 1 W.W.R. 49, refd to. [para. 7].

Campbell v. Halvorson, [1919] 3 W.W.R. 657, refd to. [para. 9].

Canfarge Ltd. v. Neumann, Derkson and Ethier, [1974] 6 W.W.R. 283, refd to. [para. 10].

Jowsey and Wilkes v. Saskatchewan Government Employees' Association and Brown, 1 Sask.R. 375; [1980] 3 W.W.R. 597, refd to. [para. 11].

Close v. Globe and Mail Ltd., 60 D.L.R.(2d) 105, refd to. [para. 13].

General Motors Ltd. v. Brunet et al., 13 N.R. 233; [1977] 2 S.C.R. 537, refd to. [para. 16].

Kuzych v. White et al., [1951] 2 W.W.R. 679, dist. [para. 24].

Woods v. Miramichi Hospital et al. (1966), 59 D.L.R.(2d) 290, refd to. [para. 32].

Grottoli v. Lock & Son Ltd. (1963), 39 D.L.R.(2d) 128, refd to. [para. 32].

Progt et al. v. Robson Tag Leathers Ltd. et al., 71 C.L.L.C. 457, refd to. [para. 32].

White v. Kuzych, [1951] 3 D.L.R. 641, refd to. [para. 32].

Wood, Wire & Metal Labourers International Union v. United Brotherhood of Carpenters and Joiners of America, [1973] 5 W.W.R. 409, refd to. [para. 32].

Statutes Noticed:

Trade Union Act, R.S.S. 1978, c. T-17, sect. 2, sect. 5, sect. 11, sect. 15 [para. 8]; sect. 30 [para. 6].

Counsel:

George J.D. Taylor, Q.C., for the appellants;

P. Foley, for the respondent, Lackmanec.

This appeal was heard by WOODS, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by HALL, J.A., at Regina, Saskatchewan, on March 31, 1982.