Case Summary: Pereira v. UNITE HERE Local 40 involves Corinne Pereira's defamation claim against her former union, alleging that a union representative defamed her by filing a grievance accusing her of bullying and harassment.
Key Points:
The defamation was claimed to be on a qualified privilege occasion, with Pereira alleging malice to negate this privilege.
The defendant argued the issue of malice was resolved against Pereira in prior Labour Relations Board proceedings.
The court agreed with the defendant, stating the issue of malice was already determined, thus preventing relitigation.
The appeal was dismissed, with the court finding no error in applying issue estoppel and confirming the decisions of the Labour Relations Board as final and binding.
