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Civil action against union organizers stayed as matters fell within exclusive jurisdiction of labour board.
The plaintiff employer brought a civil action against union organizers for economic torts, including inducing breach of contract and civil conspiracy, alleging they improperly obtained confidential employee information during a union organizing campaign.
The defendant organizers moved to stay the action.
The Superior Court granted the stay, finding that the essential character of the dispute fell within the exclusive jurisdiction of the Ontario Labour Relations Board under the Labour Relations Act, 1995.
The court also found the civil action was an abuse of process, as the employer had already raised the same factual issues before the Board in ongoing certification proceedings.