Caroline (Nini) Jones

The appellants, current and former uniform members of the Waterloo Regional Police Service, appealed from a motion judge's order dismissing their proposed class action for want of jurisdiction and denying certification.

The appellants alleged systemic gender-based workplace discrimination and harassment, including breach of Charter rights and breach of the duty of fair representation.

The Court of Appeal upheld the dismissal, finding that the Superior Court lacked jurisdiction because the appellants' claims fell within the exclusive jurisdiction of labour arbitrators under the Police Services Act and the Human Rights Tribunal of Ontario.

The court noted that the collective agreement permits group grievances and arbitrators possess broad remedial powers.

The plaintiffs, current and former female police officers, sought to certify a class action against the Waterloo Regional Police Services Board and Association for systemic gender-based discrimination and sexual harassment.

The defendants challenged the court's jurisdiction, arguing that labour arbitrators and the Human Rights Tribunal of Ontario had exclusive jurisdiction.

The court found it lacked jurisdiction, as the claims arose from the employment relationship governed by a collective agreement and the Police Services Act, which provide a comprehensive dispute resolution scheme.

Furthermore, the court determined that even if it had jurisdiction, the claims did not disclose a viable cause of action under common law, as human rights legislation precludes independent civil actions for discrimination and sexual harassment.

In a proposed class action alleging systemic gender-based discrimination and sexual harassment within the Waterloo Regional Police Service, the parties brought several pre-certification motions.

The plaintiffs' motions to compel answers to questions refused on cross-examination by the Chief of Police and the Association President were dismissed.

The defendants' motions to strike the plaintiffs' expert evidence and portions of the plaintiffs' affidavits were deemed premature and deferred to the certification motion, though the expert opinion portion of the report was excluded.