What is the range of damages available to an arbitrator in a collective agreement dispute?

Ontario, Canada


The following excerpt is from Burley v. Ontario Public Service Employees Union, 2004 CanLII 34769 (ON SC):

Courts have commented on the wide range of remedies available to an arbitrator, including damages. Pepall J. noted in McConnell v. Altenburg, [2001] O.J. No. 4668 (S.C.J.) at para. 24 that arbitrators “have given liberal scope to collective agreement terms so as to assume jurisdiction over matters such as defamation claims and claims of harassment, intimidation and bad faith.”

In Venneri v. Bascom, supra Lane J. considered an alleged defamatory letter that received broad distribution. He concluded that it was “inextricably bound up in the whole factual matrix of the employment relationship and must be caught in the arbitration requirement.”

Other Questions


In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
If a dispute in essence arises from the interpretation, administration, application or alleged violation of the collective agreement, does the court have jurisdiction to hear the dispute? (Ontario, Canada)
Is a unionized unionized employee entitled to arbitration in a dispute arising out of a collective agreement? (Ontario, Canada)
What is the range of damages for damages for defamatory communications? (Ontario, Canada)
What is the range of damages available in a personal injury action? (Ontario, Canada)
Can an employer bring a complaint to arbitration for a breach of a collective agreement by either party? (Ontario, Canada)
When redrafting the appeal provision in an arbitration agreement, can counsel for the parties be presumed to be aware of the provisions of the Arbitration Act? (Ontario, Canada)
What is the appropriate range of damages for damages for loss of trees and loss of the value of land? (Ontario, Canada)
What is the exclusive jurisdiction of an arbitrator under a collective agreement? (Ontario, Canada)
Can a landlord who has breached a lease agreement with a tenant sue the landlord for breach of the lease agreement for damages? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.