The applicant union sought judicial review of a Grievance Settlement Board decision that declined to hear four health and safety grievances related to a COVID-19 outbreak at a correctional facility.
The Arbitrator had ruled the grievances were barred by issue estoppel and collateral attack because the union had previously sought orders from Ministry of Labour inspectors under the Occupational Health and Safety Act for the same issues but failed to appeal the inspectors' decisions to the Ontario Labour Relations Board.
The Divisional Court dismissed the application, finding the Arbitrator's application of issue estoppel and collateral attack was reasonable.
