The Supreme Court of Canada has rewritten the ‘real and substantial connection’ test for determining when a court can assume jurisdiction over a dispute. In Club Resorts Ltd. v. Van Breda, the Court created a list of ‘connecting factors’ that, when present, will lead to a presumption of jurisdiction and allow a court to assume…
Tag: Jurisdiction
Jurisdiction of an Arbitrator to Examine Procedures Issued by the Chief of Police
In two recent decisions involving the Toronto Police Services Board (“TPSB”) and the Toronto Police Association (“TPA”), Arbitrator Paula Knopf held that she lacked jurisdiction to hear grievances that challenged certain Procedures issued by the Chief of Police. In both cases, the TPSB raised successful preliminary objections and argued that the arbitrator lacked jurisdiction as…
Human Rights Tribunal is not a Judicial Review Body
The Supreme Court of Canada has issued a significant decision limiting the jurisdiction of a human rights tribunal to consider matters that have already been dealt with in another proceeding. In British Columbia (Workers’ Compensation Board) v. Figliola, the Supreme Court considered whether the British Columbia Human Rights Tribunal had jurisdiction to hear a matter that…
School Board Update – ECE Representation Disputes: OLRB Sidesteps Arbitration Award
In York Region District School Board, the Ontario Labour Relations Board (“OLRB”) considered an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent the Board’s designated early childhood educators (“DECEs”). In this case, an arbitrator had already determined that the Board’s DECEs were included in an office, clerical, technical and educational…