Weber v. Ontario Hydro

Weber v. Ontario Hydro

Section 45(1) of the Ontario Labour Relations Act deprives courts of jurisdiction over disputes whose essential character arises from the collective agreement; therefore tort claims based on the facts here must proceed by arbitration, and where statute empowers the arbitrator with jurisdiction over the parties, subject matter and remedy the arbitrator may also decide Charter issues and grant appropriate remedies, so the Court should have struck out the court action in both tort and Charter claims.

Citation
[1995] 2 SCR 929
Parties
Appellant: Murray Weber; Respondent: Ontario Hydro
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1995
Procedural Posture
Appeal; Labour Law / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada
Outcome
Appeal dismissed; cross‑appeal allowed (majority held arbitrator had exclusive jurisdiction over tort and Charter claims); La Forest, Sopinka and Iacobucci JJ. dissented on the cross‑appeal.
Legal Topics
Binding Arbitration, Exclusive Jurisdiction of Arbitrators, Charter Remedies (s.24(1)), Jurisdictional Limits, Grievance Arbitration, S.45 Labour Relations Act
Source Language
English
Labour Law Constitutional Law Tort Law Employment Law Binding Arbitration Exclusive Jurisdiction of Arbitrators Charter Remedies (s.24(1)) Jurisdictional Limits +2 more

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Parties

Murray Weber

Appellant

Ontario Hydro

Respondent

Procedural Posture

Appeal; Labour Law / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada

Legal Issues

  1. 1 Whether s.45(1) of the Ontario Labour Relations Act ousts court jurisdiction over tort and Charter claims arising from a collective agreement
  2. 2 Whether the essential character of the dispute arises from the collective agreement and therefore must be resolved by arbitration
  3. 3 Whether labour arbitrators are "courts of competent jurisdiction" under s.24(1) of the Charter and can grant Charter remedies including damages

Ratio Decidendi

Section 45(1) of the Ontario Labour Relations Act deprives courts of jurisdiction over disputes whose essential character arises from the collective agreement; therefore tort claims based on the facts here must proceed by arbitration, and where statute empowers the arbitrator with jurisdiction over the parties, subject matter and remedy the arbitrator may also decide Charter issues and grant appropriate remedies, so the Court should have struck out the court action in both tort and Charter claims.

Court Disposition

Appeal dismissed; cross‑appeal allowed (majority held arbitrator had exclusive jurisdiction over tort and Charter claims); La Forest, Sopinka and Iacobucci JJ. dissented on the cross‑appeal.

Orders

  • Appeal dismissed
  • Cross‑appeal allowed