Caroline V. (Nini) Jones

The defendants brought a motion to dismiss the plaintiffs' action for lack of jurisdiction.

The plaintiff, a teacher, alleged that her principal sexually harassed and assaulted her, and that the school board reprised against her.

The plaintiff's union had declined to pursue a grievance on her behalf due to the passage of time.

The court applied the Weber test and held that the essential character of the dispute was workplace-related and fell within the exclusive jurisdiction of a labour arbitrator under the collective agreement.

The court found no 'remedial gap' that would grant it jurisdiction simply because the union chose not to pursue the grievance.

The motion was granted and the action was dismissed.

A police officer commenced a civil action alleging that the police association breached its duty of fair representation in relation to disciplinary charges under the Police Services Act.

The association brought a Rule 21 motion to dismiss the claim for lack of jurisdiction, arguing that the dispute arose from the employment relationship governed by a collective agreement.

The court applied the Weber framework and examined the essential character of the dispute, concluding that the allegations concerned the association’s representation duties within the collective bargaining regime.

Because the dispute required interpretation and application of the collective agreement and related statutory scheme, jurisdiction lay exclusively with a labour arbitrator.

The court therefore held it lacked jurisdiction to hear the action.