Yesterday’s decision from the Supreme Court of Canada in Wilson v. AECL will no doubt generate (and has already generated: e.g. here, here) significant commentary.
This makes sense, given the decision’s potential impact on federally-regulated industries. The Court’s majority restored the decision of an arbitrator under the Canada Labour Code declaring that a non-unionized employee’s invocation of the CLC’s unjust dismissal arbitration provisions ousted the employer’s common law power to dismiss an employee without cause (and with notice). The decision is likely to lead to some changes in employer-employee relationships in federally regulated industries. (Though it is hard to know how permanent or widespread they will be given that the appointment of an arbitration pursuant to section 242(1) is subject to ministerial discretion.)