Does a Deputy Judge erred in failing to find that the dispute was within the exclusive jurisdiction of the OLRB or the labour arbitrator?
Ontario, Canada
The following excerpt is from Eklund v. ACTRA Performers’ Rights Society, 2021 ONSC 4400 (CanLII):
The first issue is whether the Deputy Judge erred in failing to find that the dispute is within the exclusive jurisdiction of the OLRB or a labour arbitrator. The Deputy Judge referred to the seminal case of Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 SCR 929, which held that courts lack jurisdiction to hear disputes about union representation and other labour relations matters where “the dispute, in its essential character, arises from the interpretation, application, administration or violation of the collective agreement”: paras. 52 and 54.
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