The applicant, a secondary-school teacher, sought judicial review of Ontario Labour Relations Board (OLRB) decisions dismissing his reprisal application under the Occupational Health and Safety Act.
The OLRB had dismissed the application as a collateral attack and abuse of process because the applicant had already elected to pursue the same matters through grievance arbitration.
The Divisional Court dismissed the application for judicial review, finding that the OLRB did not breach procedural fairness and reasonably concluded that the second application was an impermissible attempt to relitigate matters already determined.
