Bishoff v. Winnipeg (City), (1984) 28 Man.R.(2d) 297 (QB)

• Judge: Monnin, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 28, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 28 Man.R.(2d) 297 (QB)

Bishoff v. Winnipeg (1984), 28 Man.R.(2d) 297 (QB)

MLB headnote and full text

Bishoff v. Winnipeg, City of

(Suit Nos. 0364/80; 3430/83)

Indexed As: Bishoff v. Winnipeg (City)

Manitoba Court of Queen's Bench

Monnin, J.

May 28, 1984.

Summary:

An employee union member was dissatisfied with the results of a grievance and commenced two civil actions against his employer for wages allegedly owing to him. In one action, the employee also sought a declaration that an agreement by the employer for the creation of a position of employment together with a rate of pay for the position was void. The employer challenged the jurisdiction of the court. The Referee struck out the plaintiff's statements of claim in both actions. The plaintiff appealed.

The Manitoba Court of Queen's Bench dismissed the appeal, on the ground that the court lacked jurisdiction.

Labour Law - Topic 6402

Industrial relations - Collective agreement - Interpretation - Effect of, on employer-employee contracts and availability of court action - A union proceeded with grievance procedures on behalf of an employee - The grievance was allowed and the employee was found entitled to additional compensation for a fixed period of time - The employee was dissatisfied with the period of time as determined and, failing successful arbitration, brought a civil suit - The Manitoba Court of Queen's Bench held that it had no jurisdiction to hear the plaintiff's claim - See paragraphs 9 to 18.

Cases Noticed:

McIntire v. University of Manitoba et al., [1980] 6 W.W.R. 440; 4 Man.R.(2d) 87 (Q.B.), not appld. [para. 15].

Hamilton Street Railway Co. v. Northcott (1966), 58 D.L.R.(2d) 708, not appld. [para. 15].

Brunet et al. v. General Motors of Canada Ltd., [1977] 2 S.C.R. 537; 13 N.R. 233, not appld. [para. 16].

Campbell v. East-West Packers (1969) Ltd. (1983), 18 Man.R.(2d) 293 (Man. C.A.), not appld. [para. 16].

Campbell v. East-West Packers (1969) Ltd. (1982), 15 Man.R.(2d) 212 (Man. Q.B.), not appld. [para. 16].

Bergeron et al. v. Kingsway Transports Ltd., 23 O.R.(2d) 332, not appld. [para. 16].

Counsel:

R.L. Gutkin, for the plaintiff;

M.S. Samphir, for the defendant.

This appeal was heard before Monnin, J., of the Manitoba Court of Queen's Bench, whose decision was delivered on May 28, 1984.