The applicant sought judicial review of a decision by the Ontario Labour Relations Board dismissing his complaint that his union breached its duty of fair representation under s. 74 of the Labour Relations Act by failing to refer his grievance to binding arbitration.
The Divisional Court applied the patent unreasonableness standard of review, noting the Board's specialized expertise and the strong privative clauses in the Act.
The Court found the Board's decision was reasonable, thoughtful, and supported by the record, concluding the union acted reasonably and not in bad faith.
The application for judicial review was dismissed.
