C.G. Riggs

The applicant union sought judicial review of an arbitration board's decision that it lacked jurisdiction to award aggravated and punitive damages to a grievor who was unjustly dismissed.

The Divisional Court applied a correctness standard of review to the jurisdictional question.

Applying the exclusive jurisdiction model from Weber v. Ontario Hydro, the Court held that the claim for damages arose inferentially from the collective agreement and was within the board's exclusive jurisdiction.

The application was granted, the board's decision on jurisdiction was quashed, and the matter was remitted to the board to determine the damages claim.

The appellant employer appealed a decision of the Ontario Human Rights Board of Inquiry, which found it liable for racial discrimination and a poisoned work environment.

The employer argued the Board erred by not dismissing the complaints due to institutional delay, by refusing to apply issue estoppel to a prior labour arbitration decision, and by imposing direct employer liability.

The Divisional Court dismissed the appeal, finding the Board correctly applied the test for delay, properly rejected issue estoppel due to a lack of mutuality of parties, and reasonably inferred a causal connection between the poisoned environment and the employee's termination.