A police officer commenced a civil action alleging that the police association breached its duty of fair representation in relation to disciplinary charges under the Police Services Act.
The association brought a Rule 21 motion to dismiss the claim for lack of jurisdiction, arguing that the dispute arose from the employment relationship governed by a collective agreement.
The court applied the Weber framework and examined the essential character of the dispute, concluding that the allegations concerned the association’s representation duties within the collective bargaining regime.
Because the dispute required interpretation and application of the collective agreement and related statutory scheme, jurisdiction lay exclusively with a labour arbitrator.
The court therefore held it lacked jurisdiction to hear the action.
