Carl W. Peterson

Following an appeal decision, the appellant requested a reconsideration, advising the court that the record regarding the Labour Relations Board proceedings was incomplete.

The appellant sought to proceed with a claim based on the alleged misuse of an Industry Fund.

The Court of Appeal declined to reconsider the matter, finding that the issue of the Board's jurisdiction under section 143 of the Labour Relations Act had not been previously decided by the Board.

The court held that the specialized tribunal should have the first opportunity to determine the scope of its own jurisdiction.

The appellant, a low-rise forming contractor, commenced an action against the respondent employers' association for breach of contract, breach of fiduciary duty, and intentional interference with economic relations, alleging misuse of an Industry Fund.

The motion judge dismissed the action for lack of jurisdiction, finding the claims fell within the exclusive jurisdiction of the Ontario Labour Relations Board.

On appeal, the Court of Appeal affirmed the dismissal, holding that the essential character of the dispute concerned the association's statutory duty of fair representation and the reasonableness of levied fees, both of which are matters exclusively within the Board's jurisdiction under the Labour Relations Act, 1995.