What is the test for determining whether LTD benefits are subject to arbitration?
Ontario, Canada
The following excerpt is from Hutton v. The Manufacturers Life Insurance Company (Manulife Financial), 2019 ONCA 975 (CanLII):
The motion judge undertook an analysis of whether or not the appellant’s dispute about LTD benefits “was within the exclusive arbitral jurisdiction under the collective agreement, or in the circumstances of this case, the inherent jurisdiction of the court.” The test, set out in Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929, requires the court to determine “whether the dispute, in its essential character, arises from the interpretation, application, administration or violation of the collective agreement”: at para. 52. If it does, the dispute is solely within the jurisdiction of the arbitrator.
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