Several trade unions brought actions challenging federal legislation that authorized the federal government to deal with surpluses in pension plans covering federal government and RCMP employees.
The Attorney General of Canada successfully moved to strike the unions as plaintiffs, arguing that s. 3(2) of the Rights of Labour Act prevented them from suing in their own names.
The Court of Appeal allowed the unions' appeal, holding that the unions have the legal status to sue in their own names derived from their governing labour legislation or corporate status, and that s. 3(2) does not bar them.
The Court also found the unions had standing due to their direct interest in their members' pension benefits.
