The appellants, former civilian employees of the police force, alleged they agreed to transfer to the respondent's employment based on a pre-employment representation that their terms and conditions would remain the same.
The motions judge dismissed their action, holding under the Weber doctrine that the dispute arose out of a collective agreement and was subject to exclusive arbitral jurisdiction.
The Court of Appeal allowed the appeal, finding that a pre-employment agreement does not necessarily arise out of the collective agreement, and therefore the court may have jurisdiction.
