Brown v. University of Windsor, (2016) 350 O.A.C. 129 (CA)
| Judge | Sharpe, Juriansz and Roberts, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | April 07, 2016 |
| Jurisdiction | Ontario |
| Citations | (2016), 350 O.A.C. 129 (CA);2016 ONCA 431 |
Brown v. Windsor Univ. (2016), 350 O.A.C. 129 (CA)
MLB headnote and full text
Temp. Cite: [2016] O.A.C. TBEd. JN.004
Brian E. Brown, on his own behalf and on behalf of all affected members of the University of Windsor Faculty Association (plaintiff/respondent) v. The University of Windsor (defendant/appellant)
(C61026; 2016 ONCA 431)
Indexed As: Brown v. University of Windsor
Ontario Court of Appeal
Sharpe, Juriansz and Roberts, JJ.A.
June 13, 2016.
Summary:
The plaintiff was the president of his union. The plaintiff sued his employer, the University of Windsor, claiming that the employer failed to provide him and other affected employees with employment insurance premium reductions that the employer had received under the Employment Insurance Act and regulations. The employer moved to have the action dismissed on the basis that the court lacked jurisdiction to entertain the matter.
The Ontario Superior Court, per Campbell, J., rejected the employer's argument that exclusive jurisdiction lay with a labour arbitrator and dismissed the application. The employer appealed.
The Ontario Court of Appeal allowed the appeal.
Labour Law - Topic 6906
Industrial relations - Collective agreement - Civil action - Jurisdiction - See paragraphs 15 to 51.
Labour Law - Topic 7037
Collective agreement - Enforcement - Arbitration - General - Matters arbitrable - See paragraphs 15 to 51.
Labour Law - Topic 7201
Industrial relations - Collective agreement - Enforcement - Civil action - When available -
See paragraphs 15 to 51.
Labour Law - Topic 7205
Industrial relations - Collective agreement - Enforcement - Civil action - Jurisdiction - See paragraphs 15 to 51.
Counsel:
Michael J. Kennedy, for the appellant;
James A. Renaud and Matthew R. Todd, for the respondent.
This appeal was heard on April 7, 2016, before Sharpe, Juriansz and Roberts, JJ.A., of the Ontario Court of Appeal. The following decision was released for the court on June 13, 2016, by Juriansz, J.A.
To continue reading
Request your trial
-
Access to the Courts
...as making sexist remarks about a female member of the committee. The Quebec Court of Appeal recently 204 Brown v University of Windsor , 2016 ONCA 431 at para 45; British Columbia Teachers’ Federation v British Columbia Public School Employers’ Association , 2005 BCCA 92. 205 Giorno , above......
-
Top 5 Civil Appeals from the Court of Appeal (July 2016)
...and OLG Casino Brantford), 2016 ONCA 458 (Hoy A.C.J.O., Pardu and Roberts JJ.A.), June 10, 2016 2. Brown v. University of Windsor, 2016 ONCA 431 (Sharpe, Juriansz and Roberts JJ.A.), June 13, 2016 3. Groia v. The Law Society of Upper Canada, 2016 ONCA 471 (MacPherson, Cronk and Brown JJ......
-
Northern Regional Health Authority v Manitoba Human Rights Commission et al., 2017 MBCA 98
...which includes violations of the Code or an employment-related statute (see Tranchemontagne; and Brown v University of Windsor, 2016 ONCA 431 at para 45). By virtue of sections 79(1) and 79(2) of the Act, an employer cannot discipline or dismiss a unionized employee absent “just cause.” Sec......
-
Greenlaw v. Scott, 2020 ONSC 2028
...can be found in the applicable Collective Agreements. [125] The Plaintiffs rely on the decision in Brown v. University of Windsor, 2016 ONCA 431, 132 O.R. (3d) 620 (“Brown”), in which the court relied upon a pay and benefits provision in the collective agreement to find that the arbitrator ......
-
Northern Regional Health Authority v Manitoba Human Rights Commission et al., 2017 MBCA 98
...which includes violations of the Code or an employment-related statute (see Tranchemontagne; and Brown v University of Windsor, 2016 ONCA 431 at para 45). By virtue of sections 79(1) and 79(2) of the Act, an employer cannot discipline or dismiss a unionized employee absent “just cause.” Sec......
-
Greenlaw v. Scott, 2020 ONSC 2028
...can be found in the applicable Collective Agreements. [125] The Plaintiffs rely on the decision in Brown v. University of Windsor, 2016 ONCA 431, 132 O.R. (3d) 620 (“Brown”), in which the court relied upon a pay and benefits provision in the collective agreement to find that the arbitrator ......
-
United Food and Commercial Workers Union of Canada, Local 175 v. Silverstein’s Bakery Ltd., 2020 ONSC 5649
...Weber has been considered in many cases, including Brown v. University of Windsor, 2016 ONCA 431. In Brown, the Court of Appeal set out the test to be applied when determining whether an arbitrator, rather than the courts, has the jurisdiction to apply a statute to resolve a dis......
-
Top 5 Civil Appeals from the Court of Appeal (July 2016)
...and OLG Casino Brantford), 2016 ONCA 458 (Hoy A.C.J.O., Pardu and Roberts JJ.A.), June 10, 2016 2. Brown v. University of Windsor, 2016 ONCA 431 (Sharpe, Juriansz and Roberts JJ.A.), June 13, 2016 3. Groia v. The Law Society of Upper Canada, 2016 ONCA 471 (MacPherson, Cronk and Brown JJ......
-
Court Of Appeal Summaries (June 13 17)
...to appeal to the Supreme Court of Canada, so this long-running saga is not over yet. Civil Decisions Brown v. University of Windsor, 2016 ONCA 431 [Sharpe, Juriansz and Roberts Michael J. Kennedy, for the appellant James A. Renaud and Matthew R. Todd, for the respondent Keywords: Labour and......