2 total
Appeal dismissed; legislation banning TTC strikes violates s. 2(d) of the Charter and is not saved by s. 1.
The Crown appealed a Superior Court decision striking down the Toronto Transit Commission Labour Disputes Resolution Act, 2011, which eliminated TTC employees' right to strike and replaced it with binding interest arbitration.
The Court of Appeal dismissed the appeal, holding that the complete ban on strikes violates the employees' right to meaningful collective bargaining under s. 2(d) of the Charter.
The Court further found that the Crown failed to justify the infringement under s. 1, as it did not demonstrate that the complete ban was minimally impairing or that its salutary effects outweighed the deleterious effects on the workers' Charter rights.
Judicial review of arbitration award reinstating bus driver to non-driving position dismissed as reasonable.
The applicant sought judicial review of an arbitration award that reinstated a bus driver to a non-driving position after he was terminated for a fatal accident and convicted of careless driving.
The applicant argued the arbitrator failed to apply the proper test for discharge and unreasonably found the employment relationship was not irretrievably damaged.
The Divisional Court dismissed the application, finding the arbitrator reasonably applied the relevant factors, including the grievor's record, remorse, and the nature of the misconduct, in exercising his statutory discretion to substitute a penalty.
