Hanover Nursing Home Ltd. v. London and District Service Workers' Union, Local 220 et al., (1999) 91 O.T.C. 178 (GD)

• Judge: Simmons, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 28, 1999
• Jurisdiction: Ontario
• Citations: (1999), 91 O.T.C. 178 (GD)

Hanover Nursing Home v. LDSWU (1999), 91 O.T.C. 178 (GD)

MLB headnote and full text

Temp. Cite: [1999] O.T.C. TBEd. MR.131

Hanover Nursing Home Limited (plaintiff) v. London and District Service Workers' Union, Local 220 and Arry Knechtel (defendants)

(Court File No. 125/98)

Indexed As: Hanover Nursing Home Ltd. v. London and District Service Workers' Union, Local 220 et al.

Ontario Court of Justice

General Division

Simmons, J.

February 28, 1999.

Summary:

A union and Hanover Nursing Home Ltd. commenced negotiations regarding their collective agreement. A newspaper published an article indicating that Knechtel, Hanover's employee and a union member, said staff/patient hours were not being complied with and that the union would like to see former levels restored. Knechtel wrote a letter in reply to an editorial, indicating that the union was not requesting to guarantee the former staff/patient hours. Hanover sued the union and Knechtel, asserting that it lost business opportunities from the publication of Knechtel's false and misleading information. Hanover sought an injunction regarding Knechtel's grievance. Knechtel moved, inter alia, to dismiss Hanover's action, asserting that the Ontario Labour Relations Board and/or arbitrator appointed under the collective agreement had exclusive jurisdiction.

The Ontario Court (General Division) dismissed Hanover's action against Knechtel, without prejudice to Hanover's rights under the Labour Relations Act. The persuasive factors were that the alleged statements were made during the course of and in relation to collective agreement negotiations and the meeting forming the subject matter of the grievance related to the alleged statements. The limitation provisions of the Libel and Slander Act applied to any libel in a newspaper.

Labour Law - Topic 7044

Industrial relations - Collective agreement - Enforcement - Arbitration - Jurisdiction or powers of arbitrator or board - Respecting remedies for breaches of collective agreement - See paragraphs 1 to 18.

Labour Law - Topic 7201

Industrial relations - Collective agreement - Enforcement - Civil action - When available - See paragraphs 1 to 18.

Labour Law - Topic 7205

Industrial relations - Collective agreement - Enforcement - Civil action - Jurisdiction - See paragraphs 1 to 18.

Labour Law - Topic 7208

Industrial relations - Collective agreement - Enforcement - Civil action - For damages for breach of collective agreement - See paragraphs 1 to 18.

Limitation of Actions - Topic 3244

Actions in tort - Libel and slander - Limitation periods - Application of - Conditions precedent - See paragraphs 19 to 22.

Cases Noticed:

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. 13].

Venneri v. Bascom (1996), 28 O.R.(3d) 281 (Gen. Div.), refd to. [para. 17].

R.E. Knowles Jr. v. 20th Century Publishing Co. et al., [1939] O.W.N. 403 (H.C.J.), appld. [para. 22].

Elliott v. Freisen et al. (1982), 37 O.R.(2d) 409 (H.C.J.), affd. (1984), 1 O.A.C. 376; 45 O.R.(2d) 285 (C.A.), refd to. [para. 22].

Warner v. Earp (1989), 39 O.R.(3d) 138 (C.A.), not appld. [para. 23].

Counsel:

Mr. Philips, for the moving party, Arry Knechtel;

Mr. Fallis, for Hanover Nursing Home Ltd.

This motion was heard by Simmons, J., of the Ontario Court (General Division), who released the following endorsement on February 28, 1999.