The plaintiff employer brought an action seeking disgorgement of board allowance payments allegedly mistakenly paid to the defendant, a former employee, under a collective agreement.
The defendant brought a motion under Rule 21.01(3) challenging the court's subject matter jurisdiction, arguing the dispute fell within the exclusive jurisdiction of a labour arbitrator.
The court agreed, finding that the essential character of the dispute arose under the collective agreement and that an arbitrator had the power to award damages against a former employee.
The action was dismissed.
