Gillan v. Mount Saint Vincent University, 2006 NSSC 250

• Judge: LeBlanc, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: August 22, 2006
• Jurisdiction: Nova Scotia
• Citations: 2006 NSSC 250;(2006), 247 N.S.R.(2d) 170 (SC)

Gillan v. Mount St. Vincent Univ. (2006), 247 N.S.R.(2d) 170 (SC);

    785 A.P.R. 170

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. SE.003

Brenda Anne Gillan (plaintiff) v. Mount St. Vincent University (defendant)

(SH 175730; 2006 NSSC 250)

Indexed As: Gillan v. Mount Saint Vincent University

Nova Scotia Supreme Court

LeBlanc, J.

August 22, 2006.

Summary:

A university employee covered by a collective agreement and the Trade Union Act was injured at work. At issue was whether the court had jurisdiction to entertain a civil action for damages against the university, or whether it was precluded by the collective agreement provisions respecting work injuries and the Act.

The Nova Scotia Supreme Court held that the collective agreement and Act ousted the court's jurisdiction to entertain the action. The essential character of the dispute related to the interpretation, application, administration or alleged violation of the collective agreement, giving exclusive jurisdiction to an arbitrator.

Labour Law - Topic 6906

Industrial relations - Collective agreement - Civil action - Jurisdiction - A university employee covered by a collective agreement and the Trade Union Act was injured at work in October 1992 - The employee did not pursue available grievance and arbitration remedies under the collective agreement - She received long-term disability benefits until they were terminated in April 1998 - She then sued for damages based on negligence and occupiers' liability - At issue was whether the court had jurisdiction to entertain a civil action - The Nova Scotia Supreme Court held that the collective agreement and Act ousted the court's jurisdiction to entertain the action - The essential character of the dispute related to the interpretation, application, administration or alleged violation of the collective agreement - The dispute concerned the alleged violation of the employer's duty under the collective agreement to maintain a safe work environment - The fact that the employee did not exercise her right to seek a remedy under the grievance and arbitration provisions of the collective agreement did not alter the jurisdiction - The collective agreement provided effective redress - Merely pleading a remedy that an arbitrator might lack jurisdiction to grant did not remove jurisdiction from the arbitrator to the court.

Cases Noticed:

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321, refd to. [para. 15].

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, refd to. [para. 16].

New Brunswick v. O'Leary, [1995] 2 S.C.R. 967; 183 N.R. 229; 163 N.B.R.(2d) 97; 419 A.P.R. 97, refd to. [para. 22].

Imperial Oil Ltd. et al. v. Atlantic Oil Workers Union, Local No. 1 et al. (2004), 227 N.S.R.(2d) 1; 720 A.P.R. 1 (S.C.), dist. [para. 23].

Pleau v. Canada (Attorney General) et al. (1999), 181 N.S.R.(2d) 356; 560 A.P.R. 356 (C.A.), refd to. [para. 23].

Vaughan v. Canada, [2005] 1 S.C.R. 146; 331 N.R. 64, refd to. [para. 29].

Lajoie v. Mount Saint Vincent Univ. (2002), 232 N.S.R.(2d) 98; 737 A.P.R. 98 (S.C.), refd to. [para. 31].

Graham v. Strait Crossing Inc. (1999), 171 Nfld. & P.E.I.R. 116; 525 A.P.R. 116 (P.E.I.C.A.), dist. [para. 34].

Giorno v. Pappas (1999), 117 O.A.C. 187; 170 D.L.R.(4th) 160 (C.A.), refd to. [para. 47].

Piko v. Hudson's Bay Co. (1998), 116 O.A.C. 92; 167 D.L.R.(4th) 479 (C.A.), leave to appeal denied (1999), 247 N.R. 197; 127 O.A.C. 399 (S.C.C.), refd to. [para. 47].

Hardy v. Prince George Hotel Ltd. et al. (2004), 227 N.S.R.(2d) 101; 720 A.P.R. 101 (C.A.), affing. (2004), 225 N.S.R.(2d) 261; 713 A.P.R. 261 (S.C.), refd to. [para. 49].

Curry v. Dargie (1984), 62 N.S.R.(2d) 416; 136 A.P.R. 416 (C.A.), refd to. [para. 51].

Seacoast Towers Services Ltd. v. MacLean (1986), 75 N.S.R.(2d) 70; 186 A.P.R. 70 (C.A.), refd to. [para. 51].

Statutes Noticed:

Trade Union Act, R.S.N.S. 1989, c. 475, sect. 41, sect. 42 [para. 13].

Counsel:

David W. Richey, for the plaintiff;

David A. Miller, Q.C. and Nancy Murray, Q.C., for the defendant.

This matter was heard on May 1 and 12, 2006, at Halifax, N.S., before LeBlanc, J., of the Nova Scotia Supreme Court, who delivered the following judgment on August 22, 2006.