Supreme Court of Canada applies misnomer to avoid injustice

The Supreme Court of Canada rejected attempts by a construction trade union to shield itself from a wrongful dismissal suit by relying on the Rights of Labour Act after the expiry of a limitation period. The Court was critical of the union’s attempt to tactically avoid litigating the employee’s claim on its merits, and held that the naming of the union in the original statement of claim was a misnomer.

In unusual move, the Court dismissed the union’s appeal from the bench.

Tim Gleason, Sean Dewart and Adrienne Lei represented the respondent employee.