Is a court without jurisdiction to entertain the action because the essential character of the dispute arises from the interpretation, application, administration or violation of a collective agreement?
British Columbia, Canada
The following excerpt is from McCaffery v. Solicitor General Office of British Columbia et al, 2004 BCSC 176 (CanLII):
In other words is the court without jurisdiction to entertain the action because the “essential character” of the dispute arises from the interpretation, application, administration or violation of a collective agreement entered into between an employer and a union in a jurisdiction in which the applicable labour legislation provides for binding arbitration? (See Weber v. Ontario Hydro, supra, at paragraphs 52, 37, 54.)
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