Daryn Jeffries

The applicant employer sought judicial review of an arbitrator's interlocutory decision finding that the employer engaged in prima facie discrimination by denying a creed-based exemption to its COVID-19 vaccination policy.

The Divisional Court raised the issue of prematurity, as the arbitrator had bifurcated the hearing and had not yet determined whether the employer could accommodate the grievor without undue hardship.

The Court dismissed the application for judicial review as premature, finding no exceptional or extraordinary circumstances to justify departing from the general rule against fragmenting ongoing administrative proceedings.

The applicant union sought judicial review of three Ontario Labour Relations Board decisions regarding the employer's refusal to disclose a commercial Master Services Agreement (MSA) with a third party.

The union alleged the refusal violated the employer's duty to not interfere with union representation and the duty to bargain in good faith under the Labour Relations Act.

The Divisional Court dismissed the application, finding the Board's decisions to deny full disclosure, find the initial bad faith bargaining complaint premature, and later order only partial disclosure based on specific bargaining concessions, were all reasonable and consistent with established labour jurisprudence.

A case management endorsement setting out procedural directions for an upcoming application to be heard by video conference.

The court provided instructions on the use of ZOOM, electronic document filing via a password-protected dropbox, formatting of factums with hyperlinks, and the preparation of electronic compendiums.