Does the exclusive jurisdiction principle apply to a comprehensive scheme of grievance without binding arbitration?
Nova Scotia, Canada
The following excerpt is from Robertson v. Annapolis Valley Regional School Board, 2013 NSSC 262 (CanLII):
The majority in Vaughan v. Canada, 2005 SCC 11 determined that the exclusive jurisdiction principle may apply to a comprehensive scheme of grievance without binding arbitration. The minority were of the opinion that it would take an express legislative grant of exclusive jurisdiction to exclude the courts when the comprehensive scheme does not contain provisions for independent adjudication.
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