The appellant appealed a motion judge's decision dismissing his action in the Ontario Superior Court on the basis that the Canada Industrial Relations Board has exclusive jurisdiction over his claim.
The appellant sought redress for union disciplinary actions taken against him following his allegations of financial and procedural improprieties within the union.
The Court of Appeal upheld the motion judge's decision, finding that the essential character of the claim fell within the exclusive jurisdiction of the Canada Industrial Relations Board under the Canada Labour Code.