The appellant challenged the dismissal of his action against counsel retained by his union to present his grievance under a collective agreement.
The Court of Appeal held that, in essence, the dispute arose from the administration of the collective agreement and the only duty owed to the appellant was the union’s duty of fair representation under s. 37 of the Canada Labour Code.
Because complaints alleging breach of that duty fall within the exclusive jurisdiction of the Canada Labour Relations Board, the court lacked jurisdiction to entertain the action.
The court therefore dismissed the appeal and found it unnecessary to address issue estoppel.
