Labourers' International Union of North America, Local 183 v. Carpenters and Allied Workers Local 27 et al., (1997) 101 O.A.C. 230 (CA)

• Judge: Brooke, Finlayson and Laskin, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: June 27, 1997
• Jurisdiction: Ontario
• Citations: (1997), 101 O.A.C. 230 (CA)

LIUNA v. CAW (1997), 101 O.A.C. 230 (CA)

MLB headnote and full text

Temp. Cite: [1997] O.A.C. TBEd. JL.006

In The Matter Of an appeal under Section 49 of the Arbitration Act, 1991, c. 17.

Labourers' International Union of North America, Local 183 (applicant/respondent in appeal) v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America (respondent/appellant) and Hardwall Construction Limited and the Ontario Form Work Association (respondents/respondents in appeal)

(C19585)

Indexed As: Labourers' International Union of North America, Local 183 v. Carpenters and Allied Workers Local 27 et al.

Ontario Court of Appeal

Brooke, Finlayson and Laskin, JJ.A.

June 27, 1997.

Summary:

The Labourers' Union and the Carpenters' Union referred a jurisdictional dispute to arbitration pursuant to an arbitration agree­ment. An arbitrator ruled in favour of the Carpenters' Union. The Labourers' Union appealed. A trial judge allowed the appeal. The Carpenters' Union appealed.

The Ontario Court of Appeal quashed the trial judge's decision and restored the arbitration award.

Arbitration - Topic 8701

Judicial review - Practice - Appeals - Leave to appeal - An arbitration agree­ment provided that an arbitration award was "final and binding" - When the agree­ment was writ­ten, the Arbitration Act did not contain a statut­ory right of appeal - The new Act pro­vided a right of appeal unless expressly or impli­citly elim­inated by the parties (s. 3) - A party to the agreement successfully appealed an arbi­tration award - The Ontario Court of Appeal held that the parties' right of appeal was excluded under s. 3 and that the trial judge had no juris­diction to grant leave to appeal - The court considered, inter alia, that the parties' use of the words "final and bind­ing" in the arbitration agreement indi­cated their inten­tion that there would be no right of appeal - Also, express exclusion of the right of appeal had not been neces­sary where the right had not existed when the agreement was made - See paragraphs 12 to 27.

Cases Noticed:

Board of Education (Separate) of Metropolitan Toronto v. Daniels Lakeshore Corp., [1993] O.J. No. 2375 (Gen. Div.), refd to. [para. 19].

Dayco (Canada) Ltd. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW-Canada), [1993] 2 S.C.R. 230; 152 N.R. 1; 63 O.A.C. 1; 102 D.L.R.(4th) 609, refd to. [para. 22].

United Brotherhood of Carpenters and Joiners of America, Local 579 v. Bradco Construction Ltd., [1993] 2 S.C.R. 316; 153 N.R. 81; 106 Nfld. & P.E.I.R. 140; 334 A.P.R. 140; 102 D.L.R.(4th) 402, refd to. [para. 22].

Ontario Public Service Employees Union v. Forer and Public Service Labour Re­lations Tribunal (Ont.) (1985), 12 O.A.C. 1; 52 O.R.(2d) 705 (C.A.), refd to. [para. 23].

Yorkville North Development Ltd. v. North York (City) (1988), 29 O.A.C. 110; 64 O.R.(2d) 225 (C.A.), refd to. [para. 24].

Superior Propane Inc. v. Valley Propane (Ottawa) Ltd., [1992] O.J. No. 2773 (Gen. Div.), refd to. [para. 25].

Statutes Noticed:

Arbitration Act, S.O. 1991, c. 17, sect. 3 [para. 10].

Counsel:

David A. McKee, for the appellant;

Bernard S. Fishbein, for the respondent, Carpenters and Allied Workers Local 27.

This appeal was heard on May 21 and 22, 1997, by Brooke, Finlayson and Laskin, JJ.A., of the Ontario Court of Appeal.

The following decision of the Court of Appeal was delivered by Finlayson, J.A., on June 27, 1997.