What is the test for establishing a “exclusive jurisdiction” model for resolving a labour dispute?
Ontario, Canada
The following excerpt is from Claxton v. BML Multi Trades Group Ltd., 2003 CanLII 34634 (ON CA):
McLachlin J., in adopting the ‘exclusive jurisdiction’ model for the resolution of labour disputes in Weber v. Ontario Hydro 1995 CanLII 108 (SCC), [1995] 125 D.L.R. (4th) 583 (S.C.C.), stated, at p. 602, said: “The question in each case is whether the dispute, in its essential character, arises from the interpretation, application, administration or violation of the collective agreement.”
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