George Avraam

The applicant First Nation brought a motion to stay proceedings before the Ontario Labour Relations Board pending judicial review.

The applicant challenged the Board's jurisdiction to decide constitutional questions regarding the applicability of labour laws to aboriginal persons.

The Divisional Court dismissed the motion, finding that the applicant failed to establish a strong prima facie case that the Board lacked jurisdiction, as the Board has the concomitant jurisdiction to decide constitutional questions arising from its power to determine questions of law.

The Court also reiterated its practice of refusing to fragment administrative proceedings absent extraordinary circumstances.

The respondent college brought a motion to dismiss the union's application for judicial review on the grounds of undue delay.

The union had delayed perfecting the application for approximately nineteen months, citing difficulties assembling the record, a strike, and counsel workload.

The court applied the three-part test for undue delay, considering the length of delay, the explanation, and prejudice.

Although the delay was substantial and the explanation regarding counsel workload was generally insufficient, the court dismissed the motion because there was no actual prejudice to the college and no ongoing turmoil in the workplace.

The applicants, parents of children at Arthur District High School, sought judicial review of the Upper Grand District School Board's decision to close the school.

They argued the Board failed to comply with statutory duties and its own accommodation review policy, thereby denying the community meaningful participation in the decision-making process.

The Divisional Court dismissed the application, finding that the Board had considered numerous alternatives, provided necessary information, and afforded the community a fair opportunity to participate in the consultation process.