Doug Wray

The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing her discrimination application against her employer, union, and others.

The HRTO had dismissed the application against the employer due to delay, finding no good faith reason to extend the one-year time limit under s. 34 of the Human Rights Code, and dismissed the claims against the other respondents for lack of factual basis or jurisdiction.

The Divisional Court found no procedural unfairness in the HRTO proceedings and held that the HRTO's decisions were reasonable.

The application for judicial review was dismissed.

The applicant union (UA) sought judicial review of two Ontario Labour Relations Board decisions regarding a jurisdictional dispute over the installation of a water-based fire suppression system.

The Board had assigned the work to the Labourers' International Union of North America (LIUNA) based on area practice, despite UA's argument that the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA) created exclusive jurisdiction for its members.

The Divisional Court dismissed the application, finding the Board's decision reasonable.

The Board reasonably concluded that BOSTA's purpose is to protect the public by determining necessary skill sets, not to override the traditional factors considered in work assignment disputes between competing unions.