Glynnis Danielle MacDonald Hawe

The appellants, current and former uniform members of the Waterloo Regional Police Service, appealed from a motion judge's order dismissing their proposed class action for want of jurisdiction and denying certification.

The appellants alleged systemic gender-based workplace discrimination and harassment, including breach of Charter rights and breach of the duty of fair representation.

The Court of Appeal upheld the dismissal, finding that the Superior Court lacked jurisdiction because the appellants' claims fell within the exclusive jurisdiction of labour arbitrators under the Police Services Act and the Human Rights Tribunal of Ontario.

The court noted that the collective agreement permits group grievances and arbitrators possess broad remedial powers.

The applicant, Muhammad Watto, and two corporations he controlled, brought two applications.

The first sought a declaration of oppression against the Immigration Consultants of Canada Regulatory Council for revoking approval of continuing professional development programs.

The second sought the appointment of an inspector to investigate the Regulatory Council's affairs.

The court dismissed both applications, finding no proven oppression and no demonstrated need for an inspector, as the applicant lacked standing for the oppression claim regarding the corporations and failed to establish a prima facie case for an investigation.

The applicants sought a mandatory interlocutory injunction to prevent the respondent regulatory body from revoking their status as approved providers of Continuing Professional Development (CPD) programs.

The court applied the tripartite test for injunctions, noting the higher standard for mandatory injunctions (strong prima facie case).

The court found no strong prima facie case, no irreparable harm, and that the balance of convenience did not favor granting the injunction, particularly given the applicant's history of vexatious allegations against the respondent and the availability of other income sources.

The motion was dismissed.

The plaintiffs, current and former female police officers, sought to certify a class action against the Waterloo Regional Police Services Board and Association for systemic gender-based discrimination and sexual harassment.

The defendants challenged the court's jurisdiction, arguing that labour arbitrators and the Human Rights Tribunal of Ontario had exclusive jurisdiction.

The court found it lacked jurisdiction, as the claims arose from the employment relationship governed by a collective agreement and the Police Services Act, which provide a comprehensive dispute resolution scheme.

Furthermore, the court determined that even if it had jurisdiction, the claims did not disclose a viable cause of action under common law, as human rights legislation precludes independent civil actions for discrimination and sexual harassment.