COURT OF APPEAL FOR ONTARIO
Juriansz, Rouleau and Lauwers JJ.A.
BETWEEN
Antonio Rojas
Plaintiff/Appellant
and
Unilever Canada Inc.
Proposed Defendant/Respondent
Counsel: Christian J. Guerette and Jay Rajagopalan, for the appellant Alexi Wood, for the respondent
Heard and released orally: June 5, 2015
On appeal from the order of Justice F.L. Myers of the Superior Court of Justice, dated December 15, 2014.
ENDORSEMENT
1The narrow issue before us is whether the respondent should be added as a defendant to the action.
2We find it unnecessary to resolve the parties’ disputes regarding which of the two collective agreements applies, whether which agreement applies is an issue for the arbitrator, and the responsibility for the inadequacy of the record. In our view, the motion judge reached the proper conclusion that the respondent should not be added as a party.
3If the respondent has any liability for the unpaid benefits, it is because its obligation to pay those benefits stems from a collective agreement, and would be arbitrable. Whether liable for the benefits or not, the respondent is not a proper party to the action.
4The appeal is dismissed. Costs will be fixed in the amount of $7,426.94 inclusive of disbursements and taxes.
“R.G. Juriansz J.A.”
“Paul Rouleau J.A.”
“P. Lauwers J.A.”