New Brunswick v. O'Leary, (1995) 163 N.B.R.(2d) 97 (SCC)

• Jurisdiction: Federal Jurisdiction (Canada)
• Judge: La Forest, L'Heureux-Dubé, Sopinka, Gonthier, McLachlin, Iacobucci and Major, JJ.
• Date: 06 December 1994
• Citation: (1995), 163 N.B.R.(2d) 97 (SCC),[1995] SCJ No 60 (QL),EYB 1995-67313,125 DLR (4th) 609,[1995] 2 SCR 967,[1995] ACS no 60,163 NBR (2d) 97,183 NR 229,1995 CanLII 109 (SCC),419 APR 97
• Court: Supreme Court (Canada)

N.B. v. O'Leary (1995), 163 N.B.R.(2d) 97 (SCC);

    163 R.N.-B.(2e) 97; 419 A.P.R. 97

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Lawrence O'Leary (appellant) v. Her Majesty the Queen in right of the Province of New Brunswick (respondent)

(23928)

Indexed As: New Brunswick v. O'Leary

Supreme Court of Canada

La Forest, L'Heureux-Dubé, Sopinka, Gonthier, McLachlin, Iacobucci and Major, JJ.

June 29, 1995.

Summary:

The Province brought a small claims action against an employee for damages caused by negligently driving a leased vehicle on a flat tire. The employee objected to the court's jurisdiction.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 135 N.B.R.(2d) 394; 344 A.P.R. 394, dismissed the objection and held that the court had jurisdiction. The employee ap­pealed.

The New Brunswick Court of Appeal, in a decision reported at 141 N.B.R.(2d) 157; 361 A.P.R. 157, dismissed the appeal. The em­ployee appealed.

The Supreme Court of Canada allowed the appeal.

Courts - Topic 2121

Jurisdiction - Trial jurisdiction - General - [See Labour Law - Topic 9657 ].

Labour Law - Topic 9101

Public service labour relations - Griev­ances - Grievance defined - [See Labour Law - Topic 9657 ].

Labour Law - Topic 9657

Public service labour relations - Collective agreement - Civil action - For damages for breach of collective agreement - The Province of New Brunswick sued an em­ployee in negligence, seeking the cost of repairing a leased vehicle that was driven for some distance on a flat tire - The employee was a member of a bar­gaining unit - The Supreme Court of Canada held that the collective agreement and arbitra­tion procedure ousted the court's jurisdic­tion, where the dispute arose out of the collective agreement - The essential char­acter of a dispute determines whether it arises out of a collective agreement - In this case, employee negligence to employer property impliedly falls under the collec­tive agreement and the employer's means of redress for breaches of employees' obligations is the statutory arbitration process.

Labour Law - Topic 9707

Public service labour relations - Collective agreement - Arbitration - Matters not arbitrable - [See Labour Law - Topic 9657 ].

Cases Noticed:

Weber v. Ontario Hydro (1995), 183 N.R. 241; 82 O.A.C. 321 (S.C.C.), refd to. [para. 3].

Statutes Noticed:

Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, sect. 92(1) [para. 9].

Counsel:

Robert D. Breen and Joël Michaud, for the appellant;

Michael D. Gorman and Richard C. Speight, for the respondent.

Solicitors of Record:

Pink, Breen, Larkin, Fredericton, New Brunswick, for the appellant;

Attorney General for New Brunswick, Fredericton, New Brunswick, for the respondent.

This appeal was heard on December 6, 1994, before La Forest, L'Heureux-Dubé, Sopinka, Gonthier, McLachlin, Iacobucci and Major, JJ., of the Supreme Court of Canada. On June 29, 1995, McLachlin, J., delivered the following judgment in both official languages for the court.