The plaintiffs brought a defamation action against the defendants regarding statements made during a union organizing drive where the plaintiffs sought to displace the incumbent union.
The defendants moved to dismiss the action under Rule 21.01(3)(a), arguing the Ontario Labour Relations Board (OLRB) had exclusive jurisdiction.
Applying the Weber analysis, the court determined the essential character of the dispute concerned alleged misrepresentations during a displacement campaign, which falls within the exclusive jurisdiction of the OLRB under the Labour Relations Act, 1995.
The motion was granted and the action was dismissed.
