Does a collective agreement protect a plaintiff in a personal injury action brought by a non-party to the collective agreement?
British Columbia, Canada
The following excerpt is from Galloway v A.B, 2021 BCSC 2344 (CanLII):
In addition, even where all parties to a court action are not covered by a collective agreement, if the essential character of the dispute arises under the collective agreement and a claimant can receive an adequate remedy from the agreement’s dispute resolution process for the harm allegedly caused by the non-party to the collective agreement, the court will not have jurisdiction over the claim against the non-party: Haight-Smith v. Neden, 2002 BCCA 132, at para. 47
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