| Yet the judge's holding that the claim was arbitrable was the very basis on which she had dismissed the claim. |
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| Second, the issue of whether the estate's claim was arbitrable had not been raised at trial. |
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| Now, some observers argue that the Ontario Court of Appeal has adopted an approach that will make all such disputes arbitrable. |
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| However, in all cases, the contractual language agreed to by the parties must be considered carefully to determine whether such claims arise under the collective agreement and are, therefore, arbitrable. |
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| The Supreme Court of Canada relied on this clause to conclude that the employer's alleged tortious conduct arose under the collective agreement and, therefore, was arbitrable. |
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| All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and Reuters. |
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| However, even on the traditional approach to this question, it is well settled that where a benefits plan is incorporated by reference into the collective agreement, as was done in this case, the dispute is arbitrable. |
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| From our perspective, the Act should be changed to make classification and human rights grievances arbitrable as they presently are under the Canada Labour Code. |
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| Leominster Police Chief Robert Healey said the city was simply trying to push off the arbitration hearing so the court could rule if it is even an arbitrable case. |
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| The Arbitration Act established that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration. |
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