Transair Ltd. v. Featherstone, (1980) 8 Man.R.(2d) 166 (CoCt)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 21, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 8 Man.R.(2d) 166 (CoCt)

Transair Ltd. v. Featherstone (1980), 8 Man.R.(2d) 166 (CoCt)

MLB headnote and full text

Transair Limited v. Featherstone

Indexed As: Transair Ltd. v. Featherstone

Manitoba County Court of Winnipeg

Kennedy, C.C.J.

March 21, 1980.

Summary:

The plaintiff airline sued several of its employees for the return of monies allegedly paid to them by mistake. The employees' association filed a grievance after the issue of the statement of claim. The defendant then sought an order staying the civil proceedings until grievance procedures under the collective agreement, which further provided for arbitration, were exhausted.

The Manitoba County Court of Winnipeg allowed the application and stayed the civil proceedings. The court held that the filing of the grievance was timely and placed the question of interpretation and application of a section of the collective agreement in issue.

Labour Law - Topic 7129

Industrial relations - Grievances - Filing of - Time for - The employee's association filed a grievance regarding interpretation of a section of a collective agreement after the employer issued a statement of claim against several employees - The collective agreement permitted a grievance to be filed within 28 days of the awareness of the circumstances giving rise to the grievance - The Manitoba County Court of Winnipeg held that the grievance was filed within acceptable limits, because it was not until the employer had either sued or deducted pay from the employees that the matter directly affected the employees - See paragraph 25.

Labour Law - Topic 7205

Industrial relations - Civil actions - Jurisdiction - An employees' association filed a grievance under the collective agreement, which provided for arbitration proceedings, after the employer issued a statement of claim against certain employees - An employee then sought an order staying civil proceedings until grievance procedures were exhausted - The Manitoba County Court of Winnipeg held that the filing of the grievance placed the question of interpretation and application of a section of the collective agreement in issue and the civil proceedings ought to be stayed - See paragraph 26.

Cases Noticed:

Dunkley v. Misericordia General Hospital (1979), 1 Man.R.(2d) 53, refd to. [para. 11].

Bergeron et al. v. Kingsway Transports Ltd. (1979), 95 D.L.R.(3d) 749, refd to. [para. 12].

Re Ford Motor Co. of Canada Ltd. et al. and Facchinato et al. (1978), 18 O.R.(2d) 581, refd to. [para. 12].

Binder v. Halifax County Municipal School Board (1978), 84 D.L.R.(3d) 94; 24 N.S.R.(2d) 504; 35 A.P.R. 504, refd to. [para. 12].

Downey v. Scotia Square Hotel Ltd. (1976), 16 N.S.R.(2d) 344; 16 A.P.R. 344; 55 D.L.R.(3d) 300, refd to. [para. 12].

Tkach et al. v. Comstock International Ltd., Allied Hydro Council of Manitoba et al. (third parties), 41 D.L.R.(3d) 746, refd to. [para. 12].

Ford v. Trustees of the Ottawa Civil Hospital, [1973] 3 O.R. 437, refd to. [para. 12].

Caven v. Canadian Pacific Railway Company, [1925] 3 W.W.R. 32, refd to. [para. 12].

R. v. Grottoli, 39 D.L.R.(2d) 128, refd to. [para. 12].

Caines v. Cape Breton Development Corporation (1976), 13 N.S.R.(2d) 285; 9 A.P.R. 285; 39 D.L.R.(3d) 606, consd. [para. 13].

Statutes Noticed:

Arbitration Act, C.C.S.M., c. A-120, sect. 8, sect. 9 [para. 18].

Labour Relations Act, C.C.S.M., c. L-10, sect. 69(1) [para. 9].

Labour Relations Act, R.S.O. 1970, c. 232, sect. 37 [para. 9].

Canada Labour Code, R.S.C. 1970, c. L-1, sect. 154, sect. 155 [para. 7].

Industrial Relations and Dispute Investigation Act, R.S.C. 1952, c. 152 [para. 13].

Counsel:

P.G. Guy, for the plaintiff;

L. Cherniack, for the defendant.

This case was heard before KENNEDY, C.C.J., of the Manitoba County Court of Winnipeg.

The judgment of KENNEDY, C.C.J., was delivered on March 21, 1980: