Weber v. Ontario Hydro
Canada Supreme Court
2 S.C.R. 929 (1995)
- Written by Miller Jozwiak, JD
Facts
Murray Weber (plaintiff) worked for the public employer Ontario Hydro (Hydro) (defendant). Weber took a leave of absence related to back problems and received sick benefits under a collective-bargaining agreement (CBA). Hydro suspected that Weber was abusing the sick benefits and sent investigators to Weber’s home. The investigators gained entry by pretending they were someone else. Hydro suspended Weber for abusing the benefits. Weber’s union filed an arbitration grievance under the CBA based on Hydro’s actions in investigating and suspending Weber. Under the CBA, this grievance procedure applied to any allegation of unfair treatment covered by the CBA (including allegations related to the sick-benefits program). Even so, Weber also filed a judicial action, alleging several claims sounding in tort and several claims under the Canadian Charter of Rights and Freedoms (charter). The trial court dismissed the case, concluding that it lacked jurisdiction because the dispute was covered by the CBA. The court of appeal agreed as to the tort claims but reversed as to the charter claims, which it allowed to stand. The parties cross-appealed.
Rule of Law
Issue
Holding and Reasoning (McLachlin, J.)
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