Dean Ardron

The applicant unions sought interim injunctions to restrain the respondent employers from enforcing mandatory COVID-19 vaccination policies pending the outcome of labour arbitrations.

The court dismissed the Sinai application on the basis that the labour arbitration process provided an adequate alternative remedy, precluding the exercise of the court's residual jurisdiction.

The court dismissed the TTC application on the merits of the injunction test, finding that the loss of employment or income did not constitute irreparable harm and that the balance of convenience strongly favoured the employer's obligation to protect public health and workplace safety.

The applicants sought an interlocutory injunction to restrain the Toronto Transit Commission from implementing random drug and alcohol testing for safety-sensitive employees pending the outcome of a policy grievance arbitration.

The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, as any privacy breaches or wrongful dismissals could be compensated with damages.

Furthermore, the balance of convenience favoured the respondent due to the significant public interest in transit safety and evidence of a workplace drug and alcohol problem.

The motion for an injunction was dismissed.

The plaintiff employer brought an action seeking disgorgement of board allowance payments allegedly mistakenly paid to the defendant, a former employee, under a collective agreement.

The defendant brought a motion under Rule 21.01(3) challenging the court's subject matter jurisdiction, arguing the dispute fell within the exclusive jurisdiction of a labour arbitrator.

The court agreed, finding that the essential character of the dispute arose under the collective agreement and that an arbitrator had the power to award damages against a former employee.

The action was dismissed.