Skoreyko and Milton v. Belleville et al., (1991) 115 A.R. 61 (CA)

• Judge: Laycraft, C.J.A., Foisy and Irving, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: March 04, 1991
• Citations: (1991), 115 A.R. 61 (CA)

Skoreyko v. Belleville (1991), 115 A.R. 61 (CA)

MLB headnote and full text

Lawrence Skoreyko and Allan Milton (applicants/appellants) v. Robert Belleville, Leo J. Desilets, Bert Ottenson and International Trial Board of the Sheet Metal Workers' International Association (respondents)

(Appeal No. 8903-0622 AC)

Indexed As: Skoreyko and Milton v. Belleville et al.

Alberta Court of Appeal

Laycraft, C.J.A., Foisy and Irving, JJ.A.

March 4, 1991.

Summary:

Two members expelled from the union by a union tribunal applied for certiorari to quash the decision and mandamus to compel their reinstatement.

The Alberta Court of Queen's Bench, in a judgment not reported in this series of reports, dismissed the application. The members appealed.

The Alberta Court of Appeal dismissed the appeal.

Administrative Law - Topic 3503

Judicial review - Mandamus - When available - A union tribunal expelled two members - The members applied for certiorari to quash the decision and mandamus to compel reinstatement - The Alberta Court of Appeal held that the union tribunal was consensual, not statutory, therefore the prerogative writs were unavailable - The court stated that the statutory regulation of the tribunal, once it was created by the parties, did not render it a statutory body.

Administrative Law - Topic 5040

Judicial review - Certiorari - Tribunals subject to certiorari - Requirement that order issue against statutory tribunal - [See Administrative Law - Topic 3503 ].

Administrative Law - Topic 5042

Judicial review - Certiorari - Tribunals subject to certiorari - Statutory tribunal - What constitutes - [See Administrative Law - Topic 3503 ].

Labour Law - Topic 2545

Unions - Membership - Expulsion - Judicial review - [See Administrative Law - Topic 3503 ].

Cases Noticed:

Rees v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 527 (1983), 150 D.L.R.(3d) 493, refd to. [para. 5].

Vanek v. Governors of University of Alberta, [1975] 5 W.W.R. 429 (Alta. C.A.), refd to. [para. 6].

Civil Service Association of Alberta, Cumby, Laddish, and Branch 8 of the Civil Service Association of Alberta v. Solicitor General of Alberta, Campbell, Anderson and Arnold (1979), 15 A.R. 503 (C.A.), refd to. [para. 6].

Vinogradov v. University of Calgary (1987), 77 A.R. 227 (C.A.), refd to. [para. 6].

Orchard v. Tunney, [1975] S.C.R. 436, refd to. [para. 7].

Roberval Express Ltd. v. Transport Drivers, Warehousemen & General Workers Union, Local 106 et al. (1982), 47 N.R. 34; 144 D.L.R.(3d) 673 (S.C.C.), refd to. [para. 8].

R. v. National Joint Council for the Craft of Dental Technicians (Dispute Committee), [1953] 1 Q.B. 704, refd to. [para. 8].

Statutes Noticed:

Labour Relations Act, R.S.A. 1980, c. L-1.1, sect. 25, sect. 26 [para. 4].

Rules of Court (Alta.), rule 753.16(2) [para. 2].

Counsel:

A.B. Chivers, for the appellants;

R.S. Abells, for the respondents.

This appeal was heard on February 27, 1991, before Laycraft, C.J.A., Foisy and Irving, JJ.A., of the Alberta Court of Appeal.

On March 4, 1991, the following memorandum of judgment was delivered by the court: