The applicant employee sought a stay of a first contract arbitration ordered by the Ontario Labour Relations Board, pending a judicial review of the Board's and Minister of Labour's decisions.
The applicant argued that the Board and Minister breached the employees' rights to natural justice and procedural fairness by not providing notice or an opportunity to participate.
The Divisional Court dismissed the motion for a stay, finding that the applicant failed to establish irreparable harm, as the mere imposition of a collective agreement pending the judicial review would not exacerbate the alleged harm.