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
The following excerpt is from Dhillon v. Hamilton (City), 2006 CanLII 22130 (ON SC):
If a dispute in essence arises from the interpretation, administration, application or alleged violation of the collective agreement, the court generally has no jurisdiction to hear it. In some cases, lack of an effective remedy may justify the exercise of the court’s jurisdiction. Weber v. Ontario Hydro (1995), 1995 CanLII 108 (SCC), 125 D.L.R. (4th) 583 (S.C.C.).
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