The defendants appealed an order dismissing their Rule 21 motion, which argued the court lacked jurisdiction because the plaintiffs' claims arose under a collective agreement.
Prior to hearing the merits, the Court of Appeal raised the issue of its own jurisdiction.
The Court concluded the motion judge's order was interlocutory, as it did not finally decide whether an arbitrator or the trial judge should determine the arbitrability of the claims.
Consequently, the Court of Appeal lacked jurisdiction and quashed the appeal.
