LABOUR RELATIONS
Defendants (employer, manager) claiming Court not having jurisdiction to hear plaintiff’s claims for relief against them—Allegations stemming from series of disputes plaintiff had at work after taking disability leave—Plaintiff, as unionized employee, subject to provisions of collective agreement—Whether plaintiff’s claims falling within exclusive jurisdiction of labour arbitrator—Weber v. Ontario Hydro, [1995] 2 S.C.R. 929 applied—Claims for copy of disability contract, alleging harassment covered by collective agreement—As to claim regarding breach of Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, formal complaint must first be made to Commissioner of Official Languages—Court thus not having jurisdiction to hear these claims—Requirements of test for jurisdiction set out in ITO-International Terminal Operators Ltd. v. Miida Electronics Inc., [1986] 1 S.C.R. 752 also not met—Motion to strike granted.
Lavigne v. Canada Post Corp. (T-831-06, 2006 FC 1345, de Montigny J., judgment dated 8/11/06, 32 pp.)