David G. Cowling

The applicant union sought judicial review of an Ontario Labour Relations Board decision upholding the assignment of certain I-beam installation work to a rival union.

The applicant argued the Board breached procedural fairness by failing to consider twenty drawings submitted with its reply.

The Divisional Court dismissed the application, finding the Board had considered the drawings and its decision was not patently unreasonable.

The applicant ballet company sought a stay of an interim arbitral award that suspended the non-renewal of the respondent dancer's employment contract and ordered her reinstatement pending a final decision.

The applicant argued the arbitrator lacked jurisdiction to order reinstatement under the Labour Relations Act.

The court dismissed the motion for a stay, finding that while there was a serious question to be tried regarding jurisdiction, the applicant failed to establish irreparable harm.

The balance of convenience strongly favoured the respondent, as a further hiatus in dancing would likely end her career, whereas the applicant would not suffer a fatal blow if she were reinstated.