Ontario Hydro paid him sick benefits but after a time they became suspicious and hired a private investigator to spy on Weber.

The investigators were able to gain access to Weber's home and found evidence showing that he was abusing the sick benefits.

In August 1989, Weber went to the union who then filed a grievance against Ontario Hydro claiming that the use of the private investigator violated the collective agreement.

Justice McLachlin, writing for the majority, held that the labour arbitrator had jurisdiction to grant the remedies and consequently, Weber could not bring an action in court.

McLachlin looked at the wording of the Ontario Labour Relations Act which gave the arbitrator exclusive authority to adjudicate over "all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement".