The defendant university brought a motion to dismiss the plaintiff's representative action, arguing that the court lacked jurisdiction and the dispute should be resolved by a labour arbitrator.
The plaintiff alleged the defendant failed to share savings from the Employment Insurance Premium Reduction Program with employees.
The court applied the Weber test and found that the essential character of the dispute did not arise from the collective agreement, but rather from the defendant's alleged failure to comply with the Employment Insurance Act.
The motion to dismiss was denied.
