Berry v. Pulley

Bourque/Chima v. Public Service Alliance Of Canada et al

This is an interlocutory proceeding addressing subject matter jurisdiction in a labour relations dispute. The court dismissed the action, finding that the Labour Board has exclusive jurisdiction over the union's internal disciplinary process and allegations of procedural unfairness under the Federal Public Sector Labour Relations Act.

Remcan Projects LP v. Wallace

Labour Relations: Exclusive Jurisdiction & Stay of Action

This is a procedural ruling on a motion to stay a civil action and strike pleadings in a dispute concerning union organizing and certification. The court determined that the essential character of the dispute fell within the exclusive jurisdiction of the Ontario Labour Relations Board under the Labour Relations Act, 1995, applying the Weber two-part test. Consequently, the civil action was stayed to avoid duplication and inconsistent findings, and specific tort claims were struck as non-justiciable certification harms.

Formenton v. Newport Sports Management Inc. et al.

Arbitration Award Set Aside: Labour Relations & Fairness

This is a procedural ruling on an application to set aside an arbitration award in a closed shop labour relations context. The court addressed issues of arbitrator jurisdiction, the validity of a six-month contractual limitation period, and procedural fairness regarding the arbitrator's consideration of NHLPA information.

Titan Tool & Die Limited v. Unifor and its Local 195, et al

Labour Dispute: Injunction Against Picketing

This is an interlocutory proceeding concerning a labour dispute where the employer sought to vary an existing injunction to restrain picketing at additional locations. The court addressed the admissibility of hearsay evidence in support of the injunction motion and balanced the union's constitutional freedom of expression against the employer's property rights.

Labourers’ International Union of North America, Loc 183 v Vox Construction Inc.

Union Contempt Motion: 21-Day Incarceration for Non-Compliance

This is a procedural ruling on a motion for contempt of court brought by a union against an employer and its officer for failing to comply with a court order converting an arbitrator's award for unpaid wages and benefits. The court found the employer in civil contempt for intentional disobedience and ordered 21 days of incarceration to compel compliance, while also awarding substantial indemnity costs to the union.