Action for disgorgement of employee allowance dismissed as falling within exclusive jurisdiction of labour arbitrator.
The plaintiff employer brought an action seeking disgorgement of board allowance payments allegedly mistakenly paid to the defendant, a former employee, under a collective agreement.
The defendant brought a motion under Rule 21.01(3) challenging the court's subject matter jurisdiction, arguing the dispute fell within the exclusive jurisdiction of a labour arbitrator.
The court agreed, finding that the essential character of the dispute arose under the collective agreement and that an arbitrator had the power to award damages against a former employee.
The action was dismissed.
Hydro One Networks Inc. v. Bartlett, 2013 ONSC 3074
