An employer appealed a Master's order granting a motion to amend a statement of claim to add the employer as a defendant in an action against an insurer for termination of long‑term disability benefits.
The employee, a unionized worker, sought to claim that the employer was liable for disability benefits after the insurer stopped payments.
The court held that the employee’s entitlement to disability benefits against the employer arose from the collective bargaining agreement and therefore fell within the exclusive jurisdiction of labour arbitration.
Because the employer was not an insurer under the policy and could not be sued in court for obligations arising under the collective agreement, the amendment adding the employer as a party was improper.
The appeal was allowed and the Master's order set aside.
