21 total
The Court of Appeal affirmed the striking of a civil claim between unionized workers because the dispute fell within the exclusive jurisdiction of a labour arbitrator.
The appellant appealed the motion judge's order striking her claim under a Rule 21 motion without leave to amend.
The dispute arose from a collective agreement between unionized workers.
The Court of Appeal upheld the motion judge's decision, finding that the dispute was entirely regulated by the collective agreement and that the arbitrator possessed the necessary remedial powers to address the wrong.
The court also declined to grant leave to appeal the costs award.
The appellant was ordered to pay the respondent's costs of the appeal.