Imbleau et al. v. Laskin et al.

Imbleau et al. v. Laskin et al.

The arbitration board, construing the collective agreement as a whole, had authority to find breach of the no‑strike clause and to award and assess damages for that breach; the motion for certiorari and prohibition challenging that authority was correctly dismissed and the appellate courts properly affirmed.

Citation
[1962] SCR 338
Parties
Appellants/plaintiffs: Nelson John Imbleau, Douglas Millar and James David Kimmerly on behalf of Oil, Chemical and Atomic Workers International Union Local 16-14; Respondents/defendants: Bora Laskin; C.L. Dubin; Michael O'Brien and Polymer Corporation Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 March 1962
Procedural Posture
Appeal From Court of Appeal Following Motion for Certiorari and Prohibition Against Arbitration Board / Hearing on Appeal After Dismissal of Motion Below; Final Disposition by Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Collective Agreement, No‑strike Clause, Arbitration Jurisdiction, Damages, Certiorari
Source Language
English
Labour Law Administrative Law Collective Agreement No‑strike Clause Arbitration Jurisdiction Damages Certiorari

Case Brief

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Parties

Nelson John Imbleau, Douglas Millar and James David Kimmerly on behalf of Oil, Chemical and Atomic Workers International Union Local 16-14

Appellants/plaintiffs

Bora Laskin; C.L. Dubin; Michael O'Brien and Polymer Corporation Limited

Respondents/defendants

Procedural Posture

Appeal From Court of Appeal Following Motion for Certiorari and Prohibition Against Arbitration Board / Hearing on Appeal After Dismissal of Motion Below; Final Disposition by Supreme Court of Canada

Legal Issues

  1. 1 Whether a board of arbitration under the collective agreement had jurisdiction to award and assess damages for breach of a no‑strike clause
  2. 2 Whether certiorari and prohibition lay against the arbitration board under the Industrial Relations and Disputes Investigation Act

Ratio Decidendi

The arbitration board, construing the collective agreement as a whole, had authority to find breach of the no‑strike clause and to award and assess damages for that breach; the motion for certiorari and prohibition challenging that authority was correctly dismissed and the appellate courts properly affirmed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs