Court of Appeal for Ontario
Date: 2019-03-08 Docket: C65614
Judges: Feldman, Roberts and Fairburn JJ.A.
Between
Ken Fraser Appellant
and
United Steel Workers Union Local 2004 Respondent
Counsel
Ken Fraser in person, assisted by Sandra Donney-Fraser
Daniel Sheppard and Charles Sinclair, for the respondent
Heard and Released Orally
March 8, 2019
On Appeal
On appeal from the judgment of Justice Gareau of the Superior Court of Justice, dated June 12, 2018.
Reasons for Decision
[1] The appellant appeals from the decision of the motion judge that the Canada Industrial Relations Board has exclusive jurisdiction over his claim and therefore dismissing his action brought in the Ontario Superior Court. His claim is for redress from the actions the union took to discipline him following his allegations of financial and procedural improprieties on the part of the union. He submits that this is not the usual type of labour relations matter that is within the exclusive jurisdiction of the Board and that the motion judge erred in so finding.
[2] We do not agree. We see no error in the analysis of the motion judge and his conclusions, particularly found at paras. 28 and 30 as follows:
In Mr. Fraser's case, the Canada Labour Code provisions are designed to deal with the very internal dispute between union workers and the union which he raises and provides an adjudication process through the Canada Industrial Relations Board and remedy provisions.
As to whether the Ontario Superior Court of Justice has jurisdiction to hear the action commenced by Ken Fraser against the United Steelworkers Union Local 2004, my view is that this court does not have jurisdiction to hear that claim given the "essential character" of the claim and the statutory scheme in place under the provisions of the Canada Labour Code.
[3] The appeal is therefore dismissed. Costs are to be paid to the respondent in the amount of $1,500, inclusive of disbursements and HST.
"K. Feldman J.A."
"L.B. Roberts J.A."
"Fairburn J.A."
