United Brotherhood of Carpenters and Joiners of America, Local Union 2103 v Provencher
United Brotherhood of Carpenters and Joiners of America, Local Union 2103
United Brotherhood of Carpenters and Joiners of America, Local Union 2010
Carpenters' Regional Council of the United Brotherhood of Carpenters and Joiners of America
Luke Theriault
Robert Provencher
Law Firm / Organization
McGown Cook Barristers & Solicitors
Brett Horan
Law Firm / Organization
McGown Cook Barristers & Solicitors
Gary Loroff
Law Firm / Organization
McGown Cook Barristers & Solicitors
Moe Rahime
Law Firm / Organization
McGown Cook Barristers & Solicitors
Daniel Mikitka
Law Firm / Organization
McGown Cook Barristers & Solicitors
Glenn Chanut
Law Firm / Organization
McGown Cook Barristers & Solicitors
Darcy Sanderson
Law Firm / Organization
McGown Cook Barristers & Solicitors

Overview:

  • Issue: Plaintiffs seek to nullify 2021 and 2022 amendments to pension and health trust agreements, claiming they exceed trustee authority.
  • Trusts: Established in 1975 for Local 1325 members and other participants.

Key Findings:

  • Invalid Amendments: The court found that many amendments made by trustees in 2021 and 2022 were invalid as they exceeded their authority.
  • Original Agreements: Trustees lacked authority to change parties or remove the power of amendment from the original parties without explicit authorization from the 1975 agreements.
  • Severance Provision: Invalid amendments can be severed to preserve the rest of the trust agreements.

Procedural History:

  • Series of hearings and filings led to this summary judgment application.

Legal Framework:

  • Summary Judgment Test (Weir-Jones v. Purolator): Ensuring no genuine issue requires a trial and facts are established on a balance of probabilities.

Outcome:

  • Declarations: Court declared many 2021 and 2022 amendments invalid but denied declaring the trusts governed solely by pre-2019 terms due to severance provisions.
  • Standing: Luke Theriault confirmed as having standing; the standing of other plaintiffs deemed irrelevant to the outcome.
  • The document does not specify any monetary award, costs, or damages granted or ordered.

 

Court of King's Bench of Alberta
2303 02643
Labour law
Plaintiff