Christopher Wilson

The appellant appealed the engineer's report and the Court of Revision's decision regarding the proposed Klijn Municipal Drain.

The engineer had proposed a Northern route for a closed tile drain, which was more expensive but preferred by neighbouring landowners to avoid crossing their properties.

The appellant argued for a Western route following the natural flow of water or an open ditch.

The Tribunal allowed the appeal in part, finding that the Western route was cheaper, followed the natural water flow, and would service the entire watershed.

The Tribunal directed the municipality to refer the report back to the engineer to design the drain along the Western route and give downstream owners the option of an open or closed drain.

The applicant union filed applications for certification to displace the incumbent union.

The incumbent union and an interested party argued the applications should be dismissed due to late delivery to the employer and inaccuracies in the Certificates of Delivery.

The Board found the applicant acted in good faith and intended to deliver the applications on time, but was thwarted by a clerical error with a facsimile number.

The Board exercised its discretion under Rule 44 to relieve against the strict application of the Rules, accepted the application date as March 14, 2000, and directed the opening of the ballot boxes.

The applicant trade union sought a declaration under section 68 of the Labour Relations Act, 1995 that it was the successor to the City of Waterloo Staff Association.

The Board found that while the Staff Association met the definition of a 'trade union', it was not a 'bargaining agent' capable of transferring bargaining rights.

The Board concluded that the Staff Association's formation and administration were riddled with employer support, including mandatory membership and dues deduction, and that it had never acted as the exclusive bargaining agent for the employees.

As the Staff Association did not hold bargaining rights at the time of the alleged merger, the application was dismissed.