The defendant employer brought a motion to strike the plaintiff's wrongful dismissal claim for lack of jurisdiction, arguing the Ontario Labour Relations Board (OLRB) had exclusive jurisdiction as the matter raised labour relations issues during a statutory freeze period under the Labour Relations Act.
The plaintiff contended she was entitled to pursue her claim in court.
The court applied the "essential character" test and found the dispute was primarily a wrongful dismissal claim with human rights dimensions, not an unfair labour practice under the LRA.
Consequently, the OLRB did not have exclusive jurisdiction, and the plaintiff was permitted to proceed in the Superior Court.
