3 total
Board cancels consent decision issued without the agreement of all parties to the appeal.
The moving party municipality requested a review of a Board decision that settled property assessment appeals based on minutes of settlement executed only by the assessed companies and the assessment corporation.
The municipality, a party to the appeals, had not consented to the settlement.
The Board found that it lacked jurisdiction to issue a consent decision without the agreement of all parties.
The request for review was granted, the previous decision was cancelled, and the appeals were reinstated for a hearing.
Appeal from LAT's refusal to extend time to challenge motor vehicle dealer licence revocation dismissed.
The appellant appealed a decision of the License Appeal Tribunal (LAT) denying him an extension of time to request a hearing regarding the Registrar's proposal to revoke his motor vehicle dealer registration.
The appellant had missed the 15-day deadline by three days.
The Divisional Court applied the reasonableness standard of review and upheld the LAT's decision, finding that the LAT reasonably applied the Frey v. Macdonald factors, including the lack of a bona fide intention to appeal within the time limit, the absence of a reasonable explanation for the delay, and the lack of merit to the appeal.
Duty of fair representation complaint dismissed where applicant conceded no collective agreement basis for grievance existed.
The applicant filed a duty of fair representation complaint against the union after it refused to file a grievance regarding his final layoff.
The union had previously assisted the applicant with two prior layoffs, resulting in his recall.
For the final layoff, the union concluded there was a genuine shortage of work and no basis in the collective agreement to grieve.
The Board dismissed the application, noting the applicant conceded there was no collective agreement basis for a grievance, making it impossible to find the union acted arbitrarily, discriminatorily, or in bad faith.
