CITATION: Hatfield v. Essroc Canada Inc., 2007 ONCA 151

DATE: 20070308

DOCKET: C44922

COURT OF APPEAL FOR ONTARIO

RE:

NICHOLAS HATFIELD (Appellant/Plaintiff) – and – ESSROC CANADA INC. – and – INTERNATIONAL BROTHERHOOD OF BOILERMAKES, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AKA A.F.L.-C.I.O.-C.F.L. LOCAL D387, CEMENT, LIME, GYPSUM AND ALLIED WORKERS DIVISION – and – PHIL WILLIAMS (Respondent/Defendant)

BEFORE:

LASKIN, FELDMAN and ROULEAU JJ.A.

COUNSEL:

Hugh R. Scher

for the appellant

Daniel J. Shields for the respondent, Essroc Canada Inc. and Joanne McMahon for the respondents, International Brotherhood of Boilermakers Local D387 and Phil Williams

HEARD & ENDORSED:

March 7, 2007

On appeal from the order of Justice Edward P. Belobaba of the Superior Court of Justice dated January 26, 2006.

A P P E A L B O O K E N D O R S E M E N T

[1] Although the appellant now characterizes his claim in conspiracy and collusion between the company and the union, in essence his complaint is rooted in his employment and arises out of the collective agreement. The principle in Weber and the provisions of the Labour Relations Act, deprive the court of jurisdiction over the appellant’s claims.

[2] The appellant, however, is not without recourse to seek a remedy for his complaints. He may, though he has not done so, file an unfair representation complaint against the union under s. 74 of the Act, and the Board, under s. 96, has broad remedial power, including the power to award damages, against both the union and the employer.

[3] The appeal is therefore dismissed with costs fixed in the amount of $3,500.00, all inclusive for each respondent (which, in the case of the union, includes Williams).