The defendants brought a motion to dismiss the plaintiff's action for lack of jurisdiction.
The plaintiff, a former police officer, sued for breach of a resignation agreement negotiated between herself, the police board, and the police association.
The court first determined that the jurisdictional issue was not res judicata, as a previous motion judge had struck the claim on other grounds without deciding the jurisdictional question.
Applying the Weber exclusive jurisdiction model, the court found that the essential character of the dispute arose from the collective agreement.
Therefore, exclusive jurisdiction to resolve the dispute lay with a labour arbitrator, not the Superior Court.
The action was dismissed.
