Mission Sawmills Ltd. v. Gill Brothers

The respondents are longshoremen and were officers of the appellant association.

An action for damages for loss of salary was brought by them against the association on the ground that they have been illegally expelled from it. A by-law of the association prohibited its members from belonging to a "rival" association, and it was claimed that the respondents violated the by-law.

The Superior Court dismissed the action; but the appellate court reversed that judgment. The appellant moved for secial leave to appeal to this Court. Held that special leave to appeal should be granted.

The interpretation given to the word "rivalry" by the members of the appellant association differs from the one given by the members of an association preceding it; and that word is also differently construed by the two courts below.

There is therefore a primordial interest that the definition of what constitutes "rivalry" should be definitively established by this Court.

The question whether the respondents are members of a "rival" association is obviously a question of fact; but the question as to what constitutes a "rival" organization, in the absence of any definition, is an important question of law.

Questions are also raised whether the statutes and the by-laws of the appellant association are binding in law, on the grounds the formalities essential to put them in force would not have been fulfilled and, also, that these statutes and by-laws would not have been deposited with the Provincial Secretary in pursuance of section 2 of chapter 255, R.S.Q., 1928.

Another ground of appeal is whether the resolution expelling the respondents is within the powers of the association under the by-law.

*PRESENT:-Rinfret CJ. and Kerwin, Hudson, Taschereau and Rand JJ.