Kolacz v. Labourers International Union of North America Local 837
Patrick Kolacz
Law Firm / Organization
Self Represented
Labourers International Union of North America Local 837
Law Firm / Organization
Koskie Minsky LLP
Lawyer(s)

David Rosenfeld

Core Issues

  1. Jurisdiction: Whether the court has authority to address the plaintiff's claims.
  2. Abuse of Process: Whether the plaintiff’s claims constitute an attempt to relitigate matters already addressed by the Ontario Labour Relations Board (OLRB).

Claims by Patrick Kolacz (Plaintiff)

  • Alleged discrimination and wrongful dismissal due to disabilities.
  • Defamation and coercion by the union.
  • Breach of contract and human rights violations.

Decision Summary

  1. Jurisdiction:

    • Claims fell under the Labour Relations Act (LRA) and collective agreement arbitration mechanisms.
    • Disputes regarding workplace grievances and union representation are exclusively within the jurisdiction of the OLRB or a labor arbitrator.
    • The plaintiff’s attempt to characterize the issues as broader human rights or contractual violations was rejected. The court determined the dispute arises from union duties and employment under a collective agreement.
  2. Abuse of Process:

    • Plaintiff’s claims had already been adjudicated by the OLRB in 2022, which found the union had not acted arbitrarily, discriminatorily, or in bad faith.
    • The court ruled that allowing these claims in a new forum undermines judicial economy and the integrity of prior decisions.
  3. Outcome:

    • The court dismissed the case due to lack of jurisdiction and abuse of process.
    • The plaintiff's request to amend his statement of claim was denied as the issues stemmed solely from the employment relationship, which is governed by the LRA.

Costs

  • Parties were encouraged to agree on costs; deadlines for submissions were set if no agreement was reached.
Superior Court of Justice - Ontario
CV-23-14635
Labour law
Defendant