Can a trade union member sue the other members of the union on the basis of contract?
Ontario, Canada
The following excerpt is from Corporation of Windsor-Professional Employees Trade Union v. Windsor (City), 2008 CanLII 45385 (ON LRB):
24. First, at issue in Berry v. Pulley was whether some members of a trade union could sue other members of a trade union on the basis of contract between them, and all other members of the union. It was in response to this question that the court discarded the legal fiction that a union’s constitution constitutes a contract between the members of the trade union, as opposed to between the union itself and its members.
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