Amanda Pask

The applicant union sought judicial review of a decision by the Local Health Integration Network (LHIN) to approve a Service Accountability Agreement with a hospital, which included a plan to consolidate mental health services to eliminate a budget deficit.

The applicant argued the LHIN failed to engage in required public consultation.

The Divisional Court dismissed the application, finding that the LHIN's funding decision did not constitute an 'integration decision' under the Local Health System Integration Act that would trigger statutory consultation requirements.

The court also found no breach of procedural fairness or legitimate expectations.

The applicant union sought judicial review of an arbitration board decision that upheld the constitutionality of s. 58(5)(c) of the Employment Standards Act.

The provision denied severance pay to employees whose contracts were frustrated due to illness or injury.

The Divisional Court found that the provision discriminated against severely disabled employees, violating s. 15(1) of the Charter, and was not saved by s. 1.

The offending words were struck down, and the disabled employee was awarded severance pay.

The objecting employees and the employer challenged the validity of a ratification vote conducted by the union.

The ballot presented a choice between accepting the employer's offer or rejecting it and authorizing a strike.

The applicants argued that this compound ballot violated the Labour Relations Act, 1995 by failing to provide a clear 'yes' or 'no' choice on ratification alone.

The Ontario Labour Relations Board dismissed the challenge, holding that the Act does not mandate a simple 'yes' or 'no' ballot and that the combined ratification/strike ballot is a realistic collective bargaining choice that does not prevent employees from expressing their true wishes.

The complainant employer filed a jurisdictional dispute complaint regarding the assignment of nursing duties to members of CUPE rather than ONA.

ONA brought a motion requesting the Board defer consideration of the complaint pending the disposition of its grievances at arbitration.

The Board dismissed the motion, finding that the dispute transcended the collective agreement issues raised in the grievances and had a substantial jurisdictional element.

The Board concluded it was the appropriate forum to resolve the work assignment dispute under section 93 of the Labour Relations Act.