Clemence Thabet

The applicant, a professional hockey player, sought to set aside an arbitral award that dismissed his claims against his former agent as time-barred under a six-month limitation period in the NHLPA Regulations.

The applicant argued the arbitrator lacked jurisdiction because the claims arose after his Standard Player-Agent Contract expired, and that the limitation period was invalid or unfairly applied.

The Superior Court dismissed the application, finding that the arbitrator correctly determined he had jurisdiction because the NHLPA Regulations govern all player-agent relations, even after a specific contract expires.

The court also upheld the arbitrator's findings that the limitation period was lawful and that the applicant was treated fairly.

The applicant employer sought judicial review of an interlocutory decision by the Ontario Labour Relations Board.

The Board had declined to consider the employer's late-filed notice under s. 8.1 of the Labour Relations Act challenging the union's estimate of the proposed bargaining unit size.

The Divisional Court dismissed the application for judicial review on the basis of prematurity, finding no exceptional circumstances to justify interfering with the ongoing administrative certification process.