The appellant employer appealed a motion judge's order regarding the plaintiff employee's claim for long-term disability benefits.
The Court of Appeal held that the motion judge erred in finding the collective agreement's benefits terms fell within Brown & Beatty's third category.
The language of the collective agreement and Letter of Understanding clearly incorporated the benefits plan into the collective agreement, meaning disputes over entitlement must be submitted to arbitration.
The appeal was allowed and the civil action against the employer was dismissed.
