Weatherup v. Campbell
JOHN WEATHERUP on his own behalf and on behalf of all of the members of CANADIAN UNION OF PUBLIC EMPLOYEES
Law Firm / Organization
Dewart Gleason LLP
LOCAL 4400
Law Firm / Organization
Dewart Gleason LLP
BRANDON HAWKINS
Law Firm / Organization
Dewart Gleason LLP
SEAN NORRIS
Law Firm / Organization
Dewart Gleason LLP
PETROS VLOGIANNITIS
Law Firm / Organization
Dewart Gleason LLP
BILL CAMPBELL
Law Firm / Organization
Goldblatt Partners LLP
DAN CROW
Law Firm / Organization
Goldblatt Partners LLP
GARY GODDARD
Law Firm / Organization
Goldblatt Partners LLP
TAMMY GRAHAM
Law Firm / Organization
Goldblatt Partners LLP
KAREN McRAE
Law Firm / Organization
Goldblatt Partners LLP
WANDA MUIRHEAD-TOPOREK
Law Firm / Organization
Goldblatt Partners LLP
TERRI PRESTON
Law Firm / Organization
Goldblatt Partners LLP
DEBRA TATTERS
Law Firm / Organization
Goldblatt Partners LLP
DAVID WRIGHT in their capacities as trustees of the CANADIAN UNION OF PUBLIC EMPLOYEES EDUCATION WORKERS' BENEFITS TRUST and on behalf of all beneficiaries of the Trust other than those represented by the Plaintiff
Law Firm / Organization
Goldblatt Partners LLP

Key Points / Takeaways:

  • The dispute centered on whether the centralized CUPE Education Workers Benefits Trust denied certain members' rights to an annual open enrollment window for health benefits, as was available under their previous local collective bargaining agreement.
  • The court found that the centralized trust deed was not required to continue the annual open enrollment window.

Ruling:

  • Summary judgment was granted in favor of the defendants, dismissing the action. The court's decision highlighted the distinction between eligibility to participate in the plan and eligibility to receive benefits under the plan.

No financial terms specified.

Superior Court of Justice - Ontario
CV-21-660327
Labour law
Defendant