Christopher G. Riggs Q.C.

The applicant sought judicial review of an arbitration award that allowed a union grievance regarding balance and deposit time for collectors on overtime shifts.

The applicant argued the arbitrator breached natural justice and reached an unreasonable decision by relying on a without-prejudice settlement.

The Divisional Court found that while the arbitrator erred in admitting the settlement, this did not amount to a denial of natural justice.

The court concluded the arbitrator's decision was reasonable as it was independently supported by uncontradicted evidence and the wording of a prior agreement.

The applicant union sought judicial review of an arbitration award that dismissed its grievance regarding the assignment of teaching duties to principals and vice-principals.

The school board's assignment of these duties resulted in partial redundancies for some bargaining unit teachers.

The Divisional Court dismissed the application, finding the arbitrator's decision reasonable.

The court held that section 287.1(1) of the Education Act unambiguously permits a school board to assign teaching duties to principals and vice-principals, and that such assignments did not constitute a declaration of redundancy under O. Reg. 90/98.

The applicant school board sought judicial review of an arbitration award that reinstated a teacher who had been terminated for professional misconduct involving special needs students.

The arbitration board found the teacher's conduct warranted a significant disciplinary response but not termination, effectively imposing a four-and-a-half-year suspension without pay.

The Divisional Court applied the reasonableness standard of review and dismissed the application, finding that the arbitrator's decision to give the teacher a second chance fell within a range of reasonable outcomes and was supported by the evidence.

The Union brought a motion to set aside a decision of a single judge of the Divisional Court, who had dismissed the Union's motion to strike an affidavit filed by the City of Hamilton on an application for judicial review.

The underlying judicial review challenged the Ontario Labour Relations Board's certification of the Union.

The Divisional Court panel allowed the motion in part, holding that while affidavit evidence regarding notice was admissible to establish a denial of natural justice, the remaining paragraphs containing evidence not before the Board must be struck out in accordance with the Keeprite principle.

The applicant sought judicial review of two decisions by the Ontario Human Rights Commission refusing to deal with his age discrimination complaint on the basis that it was filed outside the six-month limitation period.

The applicant argued that the Commission breached the rules of natural justice by providing insufficient reasons and that its decision was patently unreasonable.

The Divisional Court dismissed the application, finding that the Commission's screening function attracts a standard of patent unreasonableness, the reasons provided were adequate for an administrative screening decision, and the decision to dismiss the complaint for untimeliness was supported by the evidence.