Ontario Court Confirms Labour Arbitrators Share Concurrent Jurisdiction with Human Rights Tribunal

May 13, 2024 | Cameron Miller

In Weilgosh v London District Catholic School Board, the Ontario Superior Court of Justice (Divisional Court) confirmed that labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (“Tribunal”) over human rights disputes that arise under a collective agreement.

The decision is significant because, in 2021, a similar issue was addressed under The Labour Relations Act of Manitoba and in that case – Northern Health Authority v Horrocks –  the Supreme Court of Canada ruled a labour arbitrator appointed under the Manitoba act had exclusive jurisdiction over a human rights claim arising under a collective agreement.

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