2 total
Motion to quash granted; judicial review of arbitrator's preliminary award dismissed as premature.
The moving party employer brought a motion to quash an application for judicial review filed by the responding party union on the basis of prematurity.
The union sought to review a labour arbitrator's preliminary award regarding time limits under the collective agreement, arguing exceptional circumstances existed because the grievance was a test case with broad implications.
The Divisional Court held that the application was premature, finding that an agreement to treat the underlying decision as a test case does not on its own justify early intervention and that the circumstances were not exceptional.
The motion to quash was allowed and the application was dismissed.
The court dismissed a teacher's motion to bypass the Divisional Court for a judicial review application, finding no objective failure of justice.
The applicant, Myriam Michail, sought leave from the Superior Court of Justice to bring an application for judicial review of an arbitration award and an Ontario Labour Relations Board decision, along with a constitutional challenge.
Ordinarily, such applications are heard by the Divisional Court.
The applicant argued urgency due to protracted proceedings, health issues, inability to travel, and lack of income.
The court, while acknowledging the applicant's subjective distress, found that the objective criteria for urgency and a likely failure of justice under s. 6(2) of the Judicial Review Procedure Act were not met.
The court emphasized the complexity of the issues, the need for a three-justice panel (Divisional Court's expertise), and the availability of alternative arrangements like video conferencing.
The motion for leave was dismissed, and the judicial review application was transferred to the Divisional Court.
