Lorne A. Richmond

The plaintiff, EllisDon Residential Inc., sought an injunction against Limen Group Const. (2019) Ltd. to resume work and against Defendant Unions for inducing breach of contract and interfering with economic relations.

The defendants argued the Ontario Labour Relations Board (OLRB) had exclusive jurisdiction over the dispute.

The court applied the Weber test, finding the essential character of the dispute related to labour relations and the interpretation of collective agreements, falling within the OLRB's exclusive jurisdiction.

The court dismissed the injunction motion and stayed the action, deferring to the OLRB.

The appellants, unionized masonry contractors, appealed an order staying their action against the respondents and denying injunctive relief.

The appellants sought to challenge the legality of a Memorandum of Agreement and collective agreements that prohibited independent contractor arrangements with individual bricklayers.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the essential character of the dispute fell within the exclusive jurisdiction of the Ontario Labour Relations Board and that the appellants had avenues within the labour relations regime to challenge the agreements.

The appellant construction trade unions challenged the constitutionality of s. 127.2 of the Labour Relations Act, 1995, which allows a 'non-construction employer' to terminate collective agreements and bargaining rights in the construction industry.

The Ontario Labour Relations Board found the provision violated s. 2(d) of the Charter.

The Divisional Court reversed this decision.

On appeal, the Court of Appeal upheld the Divisional Court's ruling, finding that s. 127.2 does not substantially interfere with the process of collective bargaining because employees of non-construction employers can still organize under the general provisions of the Act.

The appeal was dismissed.