Cicciarella v. Clarica Life Insurance Company
The collective agreement and Letter of Understanding clearly incorporated the long-term disability benefits plan; nothing in the ASO agreement contradicted that intention; therefore entitlement disputes are subject to the arbitration process and the action against the TTC must be dismissed.
Source-derived case information.
- Citation
- C38284
- Parties
- Plaintiff (respondent): Mona Cicciarella; Defendant: Clarica Life Insurance Company; Defendant (appellant Toronto Transit Commission): Toronto Transit Commission
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 April 2003
- Procedural Posture
- Collection / Appeal From Motions Judge (order of Justice E. Loukidelis Dated May 13, 2002)
- Outcome
- Appeal allowed; order of Loukidelis J. set aside; action against the Toronto Transit Commission dismissed.
- Legal Topics
- Collective Agreement Interpretation, Long Term Disability Benefits, Arbitrability, Incorporation of Benefits Plan, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mona Cicciarella
Plaintiff (respondent)
Clarica Life Insurance Company
Defendant
Toronto Transit Commission
Defendant (appellant Toronto Transit Commission)
Procedural Posture
Collection / Appeal From Motions Judge (order of Justice E. Loukidelis Dated May 13, 2002)
Legal Issues
- 1 Whether the long-term disability benefits plan terms are incorporated into the collective agreement under Brown & Beatty's third category
- 2 Whether the ASO agreement contradicts incorporation of the benefits plan into the collective agreement
- 3 Whether disputes over entitlement to benefits are subject to arbitration rather than court action
Ratio Decidendi
The collective agreement and Letter of Understanding clearly incorporated the long-term disability benefits plan; nothing in the ASO agreement contradicted that intention; therefore entitlement disputes are subject to the arbitration process and the action against the TTC must be dismissed.
Court Disposition
Appeal allowed; order of Loukidelis J. set aside; action against the Toronto Transit Commission dismissed.
Orders
- Appeal allowed
- Order of Loukidelis J. set aside
Full Case Text
Judgment text and source record
1 paragraphs
Cicciarella v. Clarica Life Insurance Company Collection Decisions of the Court of Appeal Date 2003-04-14 Docket numbers C38284 Judges Abella, Rosalie Silberman; Laskin, John Ivan; Moldaver, Michael James Subject Civil Decision Content DATE: 20030414 DOCKET: C38284 COURT OF APPEAL FOR ONTARIO RE: Mona Cicciarella (Plaintiff (Respondent)) - and - Clarica Life Insurance Company and Toronto Transit Commission (Defendants (Appellant - Toronto Transit Commission) BEFORE: ABELLA, LASKIN AND MOLDAVER JJ.A. COUNSEL: Stephen F. Gleave and Glenn P. Christie, for the appellant (Toronto Transit Commission) S. Wayne Morris and D. Deravi, for the respondent HEARD: March 26, 2003 On appeal from the order of Justice E. Loukidelis dated May 13, 2002. ENDORSEMENT Released Orally: March 26, 2003 [1] We are of the view that the motions judge erred in concluding that the terms in the collective agreement dealing with the provision of long-term disability benefits were within Brown & Beatty's third category. The language of the collective agreement itself and of the Letter of Understanding between the Union and the TTC make it clear that the benefits plan is to be incorporated into the collective agreement. [2] Nothing in the ASO agreement contradicts this clear intention. The collective agreement required the TTC to pay the benefits to their employees, to fund the plan, to comply with the terms of the plan as incorporated into the collective agreement and to submit differences over entitlement to benefits to the arbitration process. [3] Accordingly, the appeal is allowed, the order of Loukidelis J. is set aside, and the action against the TTC is dismissed. [4] The TTC is entitled to its costs on the appeal fixed on a partial indemnity basis in the amount of $5,000 inclusive of disbursements and GST. We agree with the submissions of the TTC that there should be no costs of the motion. "R. S. Abella J.A." "John Laskin J.A." "M. J. Moldaver J.A."