Weatherup v. Campbell

Firms involved

Dewart Gleason LLP, Goldblatt Partners LLP
JOHN WEATHERUP on his own behalf and on behalf of all of the members of CANADIAN UNION OF PUBLIC EMPLOYEES
Law Firm
Dewart Gleason LLP
Lawyer(s)

Sean Dewart

Ian McKellar

LOCAL 4400
Law Firm
Dewart Gleason LLP
Lawyer(s)

Sean Dewart

Ian McKellar

BRANDON HAWKINS
Law Firm
Dewart Gleason LLP
Lawyer(s)

Sean Dewart

Ian McKellar

SEAN NORRIS
Law Firm
Dewart Gleason LLP
Lawyer(s)

Sean Dewart

Ian McKellar

PETROS VLOGIANNITIS
Law Firm
Dewart Gleason LLP
Lawyer(s)

Sean Dewart

Ian McKellar

BILL CAMPBELL
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

DAN CROW
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

GARY GODDARD
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

TAMMY GRAHAM
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

KAREN McRAE
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

WANDA MUIRHEAD-TOPOREK
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

TERRI PRESTON
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

DEBRA TATTERS
Law Firm
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

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
Goldblatt Partners LLP
Lawyer(s)

Clio M. Godkewitsch

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 & Employment Law
Defendant