The appellant appealed a decision declining court jurisdiction over a dispute regarding long-term disability benefit entitlements.
The motions judge concluded that the essential character of the dispute arose from the interpretation, application, or administration of a collective agreement, meaning it must be resolved by arbitration.
The Court of Appeal agreed, noting that the long-term disability plan explicitly barred actions against the insurer and had to be read in conjunction with the collective agreement for unionized employees.
The appeal was dismissed with costs.
