The appellant employer claimed damages from the respondent union for losses resulting from an illegal sympathy strike by mill employees, which violated both the collective agreement and the Industrial Relations Act.
The trial judge raised the preliminary question of whether the court had jurisdiction to hear a claim arising out of a collective agreement, given the statutory provision for binding arbitration.
The Supreme Court of Canada held that the grievance and arbitration procedures provided for in labour relations statutes generally provide the exclusive recourse open to parties to a collective agreement for its enforcement.
The appeal was dismissed, confirming that the court lacked jurisdiction to award damages in these circumstances.
