In New Brunswick v. O’Leary, 1995 CanLII 109 (SCC),  2 S.C.R. 967 it was held that a statutory provision for binding arbitration "[w]here a difference arises between the parties relating to the application or administration of this agreement” encompassed attempts to obtain redress for a breach of a collective agreement by either party. Although paragraph 92 (1) (a) refers only to the interpretation or application of an agreement and not to its administration, I do not believe I would be justified in attributing significance to the omission. A complaint that an employer’s conduct with respect to the plaintiffs was in breach of the terms of a collective agreement relates, in my judgment, sufficiently to an application of its provisions to them to them to fall within paragraph 92(1)(a) and qualify it for adjudication.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.