The plaintiff sued her former employer and long-term disability insurer, alleging they negligently misrepresented her options and wrongfully induced her to resign rather than continue her disability benefits.
The employer and insurer both brought motions for summary judgment to dismiss the claims.
The court granted the employer's motion, finding that the essential character of the dispute concerned the plaintiff's resignation and termination of employment, which fell within the exclusive jurisdiction of the collective agreement's arbitration provisions.
However, the court dismissed the insurer's motion for summary judgment, concluding that there was a genuine issue for trial regarding whether the insurer improperly maintained a singular focus on returning the plaintiff to a workplace environment that caused her disability.
