Brian P. Smeenk

The applicant sought judicial review of an arbitrator's award regarding the contracting out of hospital sterilization services, arguing it was denied natural justice because it did not receive formal notice of the hearing.

The Divisional Court dismissed the application, finding that the applicant had actual notice of the hearing, its timing, and the issues in dispute, but chose not to attend.

The court also noted that the contracting out had been completed and there was no longer any tangible dispute between the parties, making judicial review inappropriate.

The applicant union brought an application for judicial review of an arbitration award that dismissed a policy grievance concerning early retirement and separation allowances during long-term layoffs.

The Arbitrator had concluded that the specific benefits in Article 10.14 of the collective agreement only applied to layoffs resulting from integrations and rationalizations, not general layoffs.

The Divisional Court dismissed the application, finding the Arbitrator's interpretation of the collective agreement was reasonable and fell within a range of acceptable outcomes.

Following the dismissal of the applicant's application for judicial review of an Ontario Human Rights Commission decision, the court determined the issue of costs.

The respondents sought costs, while the applicant argued that a costs award would impose a significant burden.

Applying the principles of fairness and reasonableness, the court fixed costs at $3,500 for the Commission and $3,500 for the Hospital and doctor, payable by the applicant.

The applicant sought judicial review of the Ontario Human Rights Commission's decision not to deal with her discrimination complaint against her former employer.

The Commission had exercised its discretion under section 34 of the Human Rights Code to dismiss the complaint because it was filed more than six months after the events giving rise to it, and the delay was not incurred in good faith.

The Divisional Court dismissed the application, finding no breach of procedural fairness and concluding that the Commission's exercise of discretion was not patently unreasonable.