The applicant sought judicial review of the Ontario Labour Relations Board's decision to dismiss her duty of fair representation complaint against her union due to delay.
The applicant had waited over two years after a mediated settlement to file her complaint, alleging she only later discovered adverse tax consequences and a missed pension buyback opportunity.
The Divisional Court held that the Board's decision to dismiss the complaint for delay without a hearing on the merits was not patently unreasonable, as the Board has jurisdiction to determine its own procedures and the applicant failed to provide a satisfactory explanation for the delay.
The application for judicial review was dismissed.
