Court of Appeal for Ontario

Citation: Degregorio v. Brick and Allied Craft Union of Canada, Local 29, 2012 ONCA 724

Date: 2012-10-26

Docket: C55335

Before: Rosenberg, Gillese and Tulloch JJ.A.

Between:

Marcello Degregorio

Plaintiff (Appellant)

and

Brick and Allied Craft Union of Canada, Local 29

Defendant (Respondent)

Counsel:

S. Grillone, for the appellant

C. Sinclair, for the respondent

Heard: October 24, 2012

On appeal from the order of Justice Stevenson of the Superior Court of Justice, dated March 9, 2012.

APPEAL BOOK ENDORSEMENT

[1] The motion judge found that the essential character of the dispute between the appellant and the respondent union concerned the respondent’s duties of fair representation and fair referral under the Labour Relations Act, 1995. We agree.

[2] While the appellant wishes to hive off the issue of termination and be permitted to pursue that through the courts, the factual matrix makes it clear that the termination was part and parcel of the ongoing dispute with the result that the essential nature of the dispute does indeed relate to the duties of fair representation and fair refusal. A full and generous reading of the Reply does nothing to alter this conclusion.

[3] Moreover, this court has previously indicated that the unnecessary bifurcation of proceedings flowing out of the same factual matrix is to be avoided: see A.C. Concrete Forming Ltd. v. The Residential Low Rise Forming Contractors Association of Metropolitan Toronto and Vicinity, 2008 ONCA 864, at para. 26.

[4] Accordingly, the appeal is dismissed with costs to the respondent fixed in the sum of $5500, all inclusive.