. Knauth v. The Independent Electricity System Operator et al.
In Knauth v. The Independent Electricity System Operator et al. (Ont Div Ct, 2026) the Ontario Divisional Court dismisses a labour JR, this brought against an arbitrator's ruling that the applicant had "violated the terms of a Termination Agreement (the “Agreement”) with her former employer" that prohibited her "from commencing claims against the employer related to her termination".
Here the court considers an arbitrator's jurisdiction (in light of Weber) over enforcing an employee's termination settlement, and over Ontario HRC issues [under LRA s.48(12)j()]:
[33] The Arbitrator had exclusive jurisdiction to enforce the Agreement. As set out by the Supreme Court of Canada in Weber, an arbitrator has exclusive jurisdiction when the dispute, in its essential character, arises from the interpretation, application, administration, or alleged violation of the collective agreement. Section 48(1) of the LRA requires that every collective agreement provide for the final and binding settlement of all differences between the parties to a collective agreement. An arbitrator also has the power to interpret and apply human rights and other employment related statutes, despite any conflict between those statutes and the terms of the collective agreement (ss.48(12)(j) of the LRA).
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