Law360 Canada ( August 19, 2025, 3:39 PM EDT) -- Appeal by the appellants (“Surerus” and “Pecquery”), from a chambers judge’s dismissal of applications to dismiss or stay a civil claim. The respondent (“Mr. Gabriel”) initially brought an action that related to an alleged assault that occurred at the respondent’s workplace. Surerus asserted that the claims fell within the exclusive jurisdiction of an arbitrator, pursuant to a collective agreement. Mr. Pecquery asserted that certain of the claims fell within the exclusive jurisdiction of the Workers Compensation Board (WCB). In the alternative, the appellants said the claims were barred by the Workers Compensation Act (Act). The chambers judge concluded the evidence was not cogent enough to permit her to conclude Mr. Gabriel fell within the collective agreement. The chambers judge dismissed Mr. Pecquery’s application for a stay of proceedings sought to permit him to obtain a s. 311 of the Act certification from the Workers’ Compensation Appeal Tribunal (WCAT). The chambers judge was of the view that only the WCAT could find it to be plain and obvious that the WCB had exclusive jurisdiction. The appellants challenged the chambers judge’s conclusions on both applications and the refusal to grant a stay....