The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his duty of fair representation complaint against his union due to extreme delay.
The applicant had waited 32 months after the union withdrew his grievances before filing the complaint, having pursued parallel proceedings at the Human Rights Tribunal and Superior Court in the interim.
The Divisional Court applied the reasonableness standard of review and upheld the Board's decision, finding that the Board reasonably concluded the delay was excessive, the explanation insufficient, and the prejudice to the union significant.
