The appellants appealed a motion judge's order staying an action for damages for conspiracy to injure.
The motion judge found that the essence of the dispute was an unfair labour practice under section 76 of the Labour Relations Act, 1995, and that the Labour Relations Board therefore had exclusive jurisdiction.
The appellants argued that the essence of their claim was conspiracy to injure, with labour relations matters being merely incidental.
The Court of Appeal upheld the motion judge's decision, finding that an examination of the statement of claim did not support the appellants' characterization and that the tribunal would need to decide matters clearly within the Board's purview, such as the propriety of a grievance filed by the union.
