Brillon v. General Dynamics Land Systems - Canada
Labour Arbitrator Jurisdiction: Weber Framework Application
Summary
This is a procedural ruling determining whether a court or a labour arbitrator has jurisdiction over a dispute involving an employee's allegations of bad faith and interference with long-term disability benefits. The court applied the Weber v. Ontario Hydro framework to determine that the essential character of the dispute is governed by the collective agreement, thereby staying the action to allow the labour arbitrator to decide the jurisdictional question under section 48(1) of the Labour Relations Act.
Outcome
Action stayed to allow labour arbitrator to determine jurisdiction
Key Factors
- exclusive jurisdiction of labour arbitrators
- Weber v. Ontario Hydro framework
- essential character of the dispute
- stay of proceedings
- labour relations act
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