The applicant sought judicial review of an Ontario Labour Relations Board decision which found that his union did not breach its duty of fair representation under s. 74 of the Labour Relations Act.
The applicant, a temporary employee, argued the union should have pursued his wrongful dismissal grievance.
The Divisional Court dismissed the application, holding that the Vice-Chair's conclusion that the union's decision not to proceed with the grievance was reasonable and entitled to deference.