Caressant Care Nursing and Retirement Homes Ltd. v. Priest, [1999] O.T.C. 6 (SupCt)

• Judge: Beaulieu, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: October 07, 1999
• Jurisdiction: Ontario
• Citations: [1999] O.T.C. 6 (SupCt)

Caressant Care Nursing v. Priest, [1999] O.T.C. 6 (SupCt)

MLB headnote and full text

Temp. Cite: [1999] O.T.C. TBEd. DE.170

Caressant Care Nursing and Retirement  Homes Limited (plaintiff) v. Mark Priest (defendant)

(Court File No. 99-CV-167294CM)

Indexed As: Caressant Care Nursing and  Retirement Homes Ltd. v. Priest

Court of Ontario

Superior Court of Justice

Beaulieu, J.

December 14, 1999.

Summary:

The defendant was an employee of Service Employees International Union, Local 220, which was the exclusive bargaining agent for the employees of the plaintiff Caressant Care Nursing and Retirement Homes Ltd. at the Mary Bucke Street nursing home. The defendant provided advice and guided employees in negotiating their collective agreement with the plaintiff. The plaintiff brought a defamation claim, alleging that the defendant caused to be published four documents containing false and defamatory statements about the working and living environment at Mary Bucke. The plaintiff also commenced an application before the Ontario Labour Relations Board (O.L.R.B.), alleging unfair labour practices and bargaining in bad faith. The defendant brought a motion under rules 21.01(3)(a) and (c) to have the action dismissed. He argued that the court lacked the jurisdiction to deal with the claim and that the sole jurisdiction to deal with such matters lay with an arbitrator appointed pursuant to the collective agreement. His position was that the statements made in the documents were directly linked to collective agreement bargaining.

The Ontario Superior Court found that the essential character of the dispute fell within the ambit of the collective agreement and that the O.L.R.B. therefore had exclusive jurisdiction to resolve the dispute. The action was stayed until the completion of the hearing before the O.L.R.B.

Administrative Law - Topic 9060

Boards and tribunals - Jurisdiction of particular boards and tribunals - Provincial labour relations boards - See paragraphs 1 to 44.

Labour Law - Topic 438

Labour relations boards and judicial review - Boards - Jurisdiction - Provincial boards - See paragraphs 1 to 44.

Labour Law - Topic 6906

Industrial relations - Collective agreement - Civil action - Jurisdiction - See paragraphs 1 to 44.

Labour Law - Topic 7201

Industrial relations - Collective agreement - Enforcement - Civil action - When available - See paragraphs 1 to 44.

Labour Law - Topic 7205

Industrial relations - Collective agreement - Enforcement - Civil action - Jurisdiction - See paragraphs 1 to 44.

Practice - Topic 5359.1

Dismissal of action - Grounds - General and want of prosecution - Lack of jurisdiction - See paragraphs 14 to 15.

Practice - Topic 5390.2

Dismissal of action - Application or motion for dismissal - Evidence - See paragraphs 14 to 15.

Cases Noticed:

Wong v. University of Toronto (1989), 79 D.L.R.(4th) 652 (Ont. Dist. Ct.), refd to. [para. 14].

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321; 125 D.L.R.(4th) 583, refd to. [para. 23].

Piko v. Hudson's Bay Co. (1998), 116 O.A.C. 92; 39 C.C.E.L.(2d) 46; 41 O.R.(3d) 729 (C.A.), leave to appeal dismissed [1999] S.C.C.A. No. 23; 247 N.R. 197, dist. [para. 25].

Giorno v. Pappas et al. (1999), 117 O.A.C. 187; 42 O.R.(3d) 626 (C.A.), refd to. [para. 26].

Fording Coal Ltd. v. United Steelworkers of America, Local 7884 et al. (1999), 118 B.C.A.C. 42; 192 W.A.C. 42; 169 D.L.R.(4th) 468 (C.A.), refd to. [para. 28].

Venneri v. Bascom (1996), 28 O.R.(3d) 281 (Gen. Div.), refd to. [para. 34].

Hanover Nursing Home Ltd. v. London and District Service Workers' Union, Local 220 et al. (1999), 91 O.T.C. 178 (Gen. Div.), refd to. [para. 35].

St-Catherines General Hospital, Re, [1982] O.L.R.B. Rep. 441, refd to. [para. 37].

St. Anne Nackawic Pulp & Paper Co. v. Canadian Paperworkers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236; 28 D.L.R.(4th) 1, refd to. [para. 38].

Counsel:

David M. Golden, for the plaintiff;

Joshua S. Phillips, for the defendant.

This motion was heard on October 7, 1999, before Beaulieu, J., of the Ontario Superior Court, who delivered the following decision on December 14, 1999.

Please note: The following judgment has not been edited.