3 total
Human rights application reactivated; respondent ordered to remove privileged settlement letter from its Response.
The applicant requested the reactivation of her human rights application, which had been deferred pending a WSIB proceeding.
She also requested the removal of a 'without prejudice' settlement letter from the respondent's Response.
The Tribunal granted the reactivation, finding the termination issue was no longer live before the WSIB.
The Tribunal also ordered the respondent to remove the settlement letter, as it was protected by settlement privilege.
Finally, the Tribunal directed a preliminary hearing to determine whether the application should be dismissed under s. 45.1 of the Human Rights Code based on the prior WSIB proceeding.
Appeal allowed and arbitrator's award reinstated based on dissenting reasons at the Divisional Court.
The appellant union appealed an order of the Divisional Court that had quashed an arbitrator's award.
The Court of Appeal allowed the appeal, agreeing with the dissenting reasons of Swinton J. at the Divisional Court.
The arbitrator's award was reinstated, and costs were awarded to the appellant.
Application for judicial review dismissed for mootness as the applicant was successful before the tribunal.
The applicant sought judicial review of a decision by the Ontario Labour Relations Board.
The Board had dismissed ten applications for certification by the respondent union, finding it was not a construction industry trade union under s. 126(1) of the Labour Relations Act.
The Board also made obiter comments regarding s. 15 of the Act.
Because the applicant was successful before the Board in having the certification applications dismissed, the Divisional Court found the application for judicial review to be moot.
Applying the Borowski factors, the Court declined to hear the application, noting there is no public interest in reviewing obiter comments that did not form the ratio of the Board's decision.
The application was dismissed with costs.
