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ARTICLE · 01 DECEMBER 2014

Labour Arbitrators And Canada's Competition Act: Jurisdictional Clarification

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Disputes involving labour relations matters and those involving alleged anti-competitive conduct are generally deferent to specialized arbitrators or tribunals.

CanadaAntitrust/Competition Law
McMillan LLP
McMillan LLP
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Disputes involving labour relations matters and those involving alleged anti-competitive conduct are generally deferent to specialized arbitrators or tribunals. A recent Ontario Superior Court of Justice (Divisional Court) decision clarifies the approach to cases where competition law issues arise within the context of the labour dispute.

In Metropolitan Apartment Builders Assn. v Labourers' International Union of North America, 2014 ONSC 5775, three builders associations unsuccessfully sought to judicially review the decision of a labour relations interest arbitrator. The associations consist of construction companies bound by collective agreements with the respondent union. When these parties were unable to reach renewal collective agreements, an interest arbitrator was appointed to settle the terms of those renewal agreements.

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