Appeal dismissed; court lacks jurisdiction over benefit dispute governed by collective agreement arbitration.
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.
Morris v. The Manufacturers Life Assurance Company, 2005 ONCA 33120
