The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his duty of fair representation complaint against his union as premature.
The applicant had filed the complaint while his grievance arbitration was still ongoing, alleging delay and requesting independent counsel.
The Divisional Court applied the reasonableness standard and upheld the OLRB's decision, finding that dismissing the complaint as premature before the completion of the grievance process was well within the range of acceptable outcomes and not an abuse of process.
