The respondents, unionized employees, brought a tort action against their employer and a fellow employee alleging sexual harassment and sexual assault. The employer moved to dismiss the action, arguing the dispute fell under the exclusive jurisdiction of the collective agreement's arbitration procedure. The motion judge struck the sexual harassment claims but allowed the sexual assault claims to proceed. On appeal, the Court of Appeal held that the essential character of the dispute was a workplace dispute regarding the employer's failure to provide a safe working environment. Applying the Weber principle, the Court concluded that the arbitrator had exclusive jurisdiction over the entire dispute, including the allegations of sexual assault and the claims against the fellow employee. The appeal was allowed and the statement of claim was struck out.
80 O.R. (3d) 161
Court of Appeal for Ontario,
Labrosse, Sharpe and Cronk JJ.A.
May 9, 2006
Actions -- Jurisdiction -- Plaintiffs bringing tort action against fellow employee and employers alleging that fellow employee sexually harassed and sexually assaulted them -- Dispute arising out of collective agreement -- Arbitrator having jurisdiction
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