2 total
Judicial review of OLRB decision dismissed; Board reasonably exercised discretion to dismiss complaint without hearing.
The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing its unfair labour practice complaint without a hearing.
The complaint alleged that the respondents improperly applied a local collective agreement over a provincial agreement in the construction industry.
The Divisional Court held that the application was not premature despite the applicant's failure to seek reconsideration from the Board.
However, the Court dismissed the application on the merits, finding the Board's decision reasonable.
The Board had reasonably concluded that the two collective agreements could co-exist, that inquiring into the complaint served no labour relations purpose since the affected employer did not participate, and that the declaratory relief sought was of limited practical utility.
Commercial lease interpreted to restrict employee parking but require electricity payments based on actual usage.
The applicant tenants brought an application for the interpretation of a commercial lease regarding parking rights and the payment of additional rent for utilities.
The court held that the lease clearly restricted the use of outdoor parking spaces to customers and visitors, denying the tenants' employees the right to park there.
However, regarding electricity costs, the court found the lease ambiguous and applied the contra proferentem rule against the respondent landlord, ruling that the tenants should pay based on actual usage rather than a proportionate share of square footage.
Success being divided, the parties were ordered to bear their own costs.
