Aaron Hart

The applicant, a provincially incorporated company that installs and maintains fibre optic cable for telecommunications networks, sought judicial review of an Ontario Labour Relations Board decision certifying its bargaining unit under provincial law.

The applicant argued its operations were vital, essential, or integral to federally regulated telecommunications companies and thus subject to federal jurisdiction.

The Divisional Court agreed, finding the applicant's work was highly integrated with and integral to the ongoing operations of federal telecommunications undertakings.

The application for judicial review was allowed and the OLRB decision was quashed.

The applicant employer brought a motion before a single judge of the Divisional Court for an order in the nature of certiorari to quash an interlocutory decision of the Ontario Labour Relations Board.

The respondent union consented to the order, but the Board opposed it.

The single judge determined she lacked jurisdiction to grant a final order quashing the decision, as such relief must be granted by a three-judge panel of the Divisional Court under the Judicial Review Procedure Act and the Courts of Justice Act.

The court also noted that quashing an administrative decision requires a review of the merits, even on consent.

The motion was adjourned to a full panel.

The applicants sought judicial review of a decision of the Ontario Labour Relations Board on a Ministerial reference, arguing they were denied procedural fairness because the Minister's question was inaccurately conveyed to them.

The Divisional Court dismissed the application, holding that the Board's decision on a Ministerial reference is an advisory opinion that does not determine legal rights and is therefore not reviewable on procedural fairness grounds.

Furthermore, the court found that the procedural defect did not result in a substantial wrong or miscarriage of justice, as the applicants had ample opportunity to address the core issues and the outcome would not have been different.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his claim that his union breached its duty of fair representation.

The applicant alleged bias and bad faith by a union representative who refused to seek judicial review of a dismissed grievance.

The Divisional Court found the Board's decision reasonable, noting no evidence of bias or bad faith.

The court also dismissed allegations of procedural fairness and bias against the Board Vice-Chair, finding the consultation process was permitted under the Labour Relations Act.

The application for judicial review was dismissed with costs awarded to the union.

The applicant sought judicial review of three decisions of the Ontario Labour Relations Board dismissing his unfair labour practice and duty of fair representation complaints against his former employer and union.

The complaints arose after the applicant's employment was terminated following allegations of sexual harassment, which was subsequently resolved through Minutes of Settlement.

The Divisional Court dismissed the application, finding no denial of procedural fairness and concluding that the Board's decisions were reasonable.

The employer sought an interim stay of Ontario Labour Relations Board orders that found certain franchisees to be dependent contractors, pending an application for judicial review.

The court dismissed the motion, finding that the judicial review application was premature as the certification process was ongoing.

The court also held that the employer failed to establish irreparable harm, as the alleged harms were speculative, and the balance of convenience favoured the union due to the lengthy delays already experienced in the certification process.

The applicants sought to stay a decision of the Ontario Labour Relations Board pending judicial review.

The Board had certified the respondent union, finding the applicants were the true employer of construction labourers on the application date, and had refused to admit post-application evidence regarding the workers' roles.

The Divisional Court dismissed the motion for a stay, holding that the 'strong prima facie case' test applied and that the applicants failed to meet this threshold, as the Board's refusal to admit the evidence was a valid exercise of its statutory discretion rather than a denial of natural justice.

The Toronto Transit Commission (TTC) sought judicial review to quash a decision of the Ontario Labour Relations Board (OLRB) that adjourned an appeal under the Occupational Health and Safety Act pending the outcome of a related grievance arbitration.

The Divisional Court dismissed the application, finding it premature.

The court held that the OLRB's decision was an interlocutory adjournment and did not constitute a refusal to exercise jurisdiction.

The court found no exceptional circumstances to justify judicial review of an interim administrative decision.

On an application for judicial review, a preliminary issue arose regarding the admissibility of two affidavits filed by the applicants containing evidence that was not before the Ontario Labour Relations Board.

The respondents objected to the admissibility of the affidavits, but no formal motion to strike or for leave to introduce the evidence had been brought.

The Divisional Court held that the onus is on the party seeking to file fresh evidence to bring a motion for leave in advance of the application.

The court adjourned the matter to permit the applicants to bring such a motion.

The applicant union sought judicial review of an Ontario Labour Relations Board decision regarding a work jurisdiction dispute over exterior concrete formwork at a hospital construction project.

The Board had upheld the employer's assignment of the work to a composite crew of Carpenters and Labourers, finding that the Labourers' collective agreement did not explicitly claim the disputed work.

The Divisional Court dismissed the application, holding that the Board's interpretation of the collective agreement was reasonable and that the Board was not bound to follow its prior decisions where the circumstances or arguments differed.

The applicant moved to set aside a Registrar's order dismissing its application for judicial review for delay.

The underlying application sought to quash an Ontario Labour Relations Board decision finding the respondent was an employee, not an independent contractor, and awarding unpaid wages.

The Divisional Court applied the three-part test from Chiu and found that while the applicant had a bona fide intention to seek judicial review, it failed to provide a reasonable explanation for the delay.

Furthermore, considering the merits of the application and the prejudice to the respondent, the justice of the case did not require granting an extension.

The motion was dismissed.

The applicant sought judicial review of two Ontario Labour Relations Board decisions dismissing his complaint that his union breached its duty of fair representation under s. 74 of the Labour Relations Act.

The applicant had been terminated for safety infractions and subsequently retired and began drawing his pension without notifying the union, leading the union to withdraw his grievance.

The Divisional Court applied the reasonableness standard of review and found the Board's decision that the union had not acted arbitrarily was within the range of acceptable outcomes.

The application for judicial review was dismissed.

The applicant brought a motion under s. 21(5) of the Courts of Justice Act to set aside an order of a motions judge in a judicial review proceeding arising from an employment dispute with Tim Hortons Inc. The applicant argued that his wife should be added as a party, that the record of proceedings was incomplete, and that the respondents' facta should be struck.

The Divisional Court dismissed the motion, finding no error by the motions judge.

The court confirmed that the applicant's wife was not a proper party to the employment litigation, the record of proceedings was complete, and there was no basis to strike the facta or find a reasonable apprehension of bias.

The grievor, a Youth Services Officer at a secure custody facility, was discharged for misusing Ministry IT resources by accessing and printing inappropriate sexual images and providing them to young persons in custody, and for allowing young persons to view pornographic videos on a Ministry computer.

The union grieved the discharge, arguing the penalty was excessive compared to other officers who received lesser discipline for similar conduct.

The Grievance Settlement Board dismissed the grievance, finding the grievor's misconduct was more severe and compounded by his lack of candour and failure to take responsibility during the investigation.

The applicant filed a human rights application alleging discrimination in employment and membership in a vocational association on the basis of disability.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found that the application against the employer raised credibility issues that could not be resolved at a summary hearing, and directed it to proceed.

However, the Tribunal dismissed the application against the union, finding no evidence that its refusal to file a grievance was based on discriminatory grounds.