The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his reprisal complaint against his employer, the TTC.
The Board had consolidated the hearing of the applicant's reprisal complaint with a motion brought by the TTC to state a case for contempt against the applicant.
The Divisional Court held that consolidating the two proceedings violated the principles of fundamental justice and procedural fairness, as it forced the applicant to defend against quasi-criminal contempt allegations while pursuing his reprisal claim, leading to adverse inferences when he chose not to testify.
The application for judicial review was allowed and the matter remitted to a differently-constituted panel.
