Reasons of The Court
Justice McLachlin, writing for the majority, held that the labour abritrartor had jurisdiction to grant the remedies and consequently, Weber could not bring an action in court.
McLachlin looked at the wording of the Ontario Labour Relations Act which gave the arbitrator exclusive authority to adjudicate over "all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement". She held that this meant that the abritrator had jurisdiction over the subject matter which meant that the abitrator necessarily had authority over remedies as well. Consequently, the abitrator was a "court of competent jurisdiction" and had authority over Weber's claims.
Read more about this topic: Weber V. Ontario Hydro
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