Fraser v. United Steel Workers Union Local 2004

Fraser v. United Steel Workers Union Local 2004 Collection Decisions of the Court of Appeal Date 2019-03-13 Neutral citation 2019 ONCA 200 Docket numbers C65614 Judges Feldman, Kathryn N.; Roberts, Lois B.; Fairburn, J. Michal Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Fraser v. United Steel Workers Union Local 2004, 2019 ONCA 200 DATE: 20190313 DOCKET: C65614 Feldman, Roberts and Fairburn JJ.A. BETWEEN Ken Fraser Appellant and United Steel Workers Union Local 2004 Respondent Ken Fraser in person, assisted by Sandra Donney-Fraser Daniel Sheppard and Charles Sinclair, for the respondent Heard and released orally: March 8, 2019 On appeal from the judgment of Justice Gareau of the Superior Court of Justice, dated June 12, 2018. REASONS FOR DECISION [1] The appellant appeals from the decision of the motion judge that the Canada Industrial Relations Board has exclusive jurisdiction over his claim and therefore dismissing his action brought in the Ontario Superior Court. His claim is for redress from the actions the union took to discipline him following his allegations of financial and procedural improprieties on the part of the union. He submits that this is not the usual type of labour relations matter that is within the exclusive jurisdiction of the Board and that the motion judge erred in so finding. [2] We do not agree. We see no error in the analysis of the motion judge and his conclusions, particularly found at paras. 28 and 30 as follows: 28. In Mr. Fraser’s case, the Canada Labour Code provisions are designed to deal with the very internal dispute between union workers and the union which he raises and provides an adjudication process through the Canada Industrial Relations Board and remedy provisions. 30. As to whether the Ontario Superior Court of Justice has jurisdiction to hear the action commenced by Ken Fraser against the United Steelworkers Union Local 2004, my view is that this court does not have jurisdiction to hear that claim given the “essential character” of the claim and the statutory scheme in place under the provisions of the Canadian Labour Code. [3] The appeal is therefore dismissed. Costs are to be paid to the respondent in the amount of $1,500, inclusive of disbursements and HST. “K. Feldman J.A.” “L.B. Roberts J.A.” “Fairburn J.A.”