Christopher Bryden

The applicant sought judicial review of a decision by the Health Professions Appeal and Review Board (HPARB) which upheld the Inquiries, Complaints and Reports Committee's (ICRC) decision to take no disciplinary action against a nurse.

The applicant alleged that the nurse's improper application of an ice pack caused her elderly mother's death.

The court found that the clinical records attributed the death to vascular degeneration and that the HPARB's decision was reasonable.

The court also declined to admit fresh evidence filed by the applicant, noting it was inadmissible on judicial review and immaterial to the clinical findings.

The application was dismissed with costs.

The applicant union sought judicial review of a Grievance Settlement Board (GSB) decision regarding a grievance for a poisoned work environment.

The GSB found that the grievor's rights were violated but concluded it lacked jurisdiction to award damages for mental stress, stating the Workplace Safety and Insurance Act (WSIA) was the appropriate forum.

The applicant argued the GSB's decision was unreasonable because it simultaneously found the employer's conduct fell within the WSIA's 'employment function' mental stress exclusion while directing the grievor to the WSIA scheme.

The Divisional Court agreed, allowed the application, and remitted the matter back to the same GSB arbitrator to properly determine whether the exclusion applied.

The applicant hospital sought judicial review of an interest arbitration award that granted a travel pay benefit to social workers travelling to satellite clinics.

The hospital argued it was denied procedural fairness and that the award was unreasonable due to insufficient reasons.

The Divisional Court dismissed the application, finding that the summary process under the Hospital Labour Disputes Arbitration Act provided adequate procedural fairness.

The court also held that the arbitrator's reasons, when read with the record, adequately explained the decision to award a compromise benefit based on replication principles, rendering the outcome reasonable.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his claim that his union breached its duty of fair representation.

The applicant alleged bias and bad faith by a union representative who refused to seek judicial review of a dismissed grievance.

The Divisional Court found the Board's decision reasonable, noting no evidence of bias or bad faith.

The court also dismissed allegations of procedural fairness and bias against the Board Vice-Chair, finding the consultation process was permitted under the Labour Relations Act.

The application for judicial review was dismissed with costs awarded to the union.

The applicant hospital sought judicial review of an arbitral award which concluded that physician assistants fell within the scope of the paramedical bargaining unit under the collective agreement.

The hospital argued the arbitrator exceeded his mandate and applied an overly broad definition of 'paramedical'.

The Divisional Court dismissed the application, finding that the arbitrator's interpretation of the collective agreement was reasonable, grounded in the ordinary meaning of the word, the parties' practice, and labour jurisprudence, and did not improperly sweep in other excluded employee groups.

McMaster University sought judicial review of a labour arbitrator's decision interpreting a collective agreement.

The arbitrator found that the agreement required McMaster to consider employees' work on behalf of the union as part of their 'professional service and professional activity' for the purpose of determining merit pay.

McMaster argued this interpretation was unreasonable as it conferred a financial benefit without clear language, created a conflict of interest, and exposed the university to claims of anti-union conduct.

The Divisional Court dismissed the application, holding that the arbitrator's interpretation was within the range of possible, acceptable outcomes and did not create an absurdity.

The appellant union filed grievances claiming damages for employees' exposure to second-hand smoke in correctional facilities.

The Grievance Settlement Board determined it lacked jurisdiction to award damages for injuries compensable under the Workers' Compensation Act or the Workplace Safety and Insurance Act, regardless of whether the claim was framed in tort or contract.

The Divisional Court dismissed the application for judicial review.

The Court of Appeal dismissed the appeal, agreeing that the substance of the claim precludes the Board from awarding damages for compensable injuries.