Canwest Global Communications Corp.

2011 ONSC 2215 (CanLII)Decided Labour relations

CCAA Stay Lifted for Collective Agreement Arbitration

Summary

This is a procedural ruling in a CCAA bankruptcy proceeding concerning the treatment of grievances under a collective agreement. The court addressed whether the stay of proceedings should be lifted to allow for arbitration of these grievances, balancing the interests of creditors with the rights of employees under the collective agreement. The court lifted the stay in certain instances to allow arbitration, finding that the claims procedure order did not infringe on Charter rights regarding freedom of association.

Outcome

Stay of proceedings lifted to allow arbitration of collective agreement grievances; Charter argument dismissed.

Key Factors

  • CCAA stay of proceedings
  • collective agreement grievances
  • arbitration
  • freedom of association
  • claims procedure

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