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The court struck down the TTC Act, finding that its blanket prohibition on the right to strike violated s. 2(d) of the Charter and was not justified under s. 1.
The Applicants challenged the Toronto Transit Commission Labour Disputes Resolution Act, 2011, arguing it infringed their freedom of association under s. 2(d) of the Charter by prohibiting the right to strike and replacing it with compulsory binding interest arbitration.
The court found the Act substantially interfered with meaningful collective bargaining and was not justified under s. 1 of the Charter, as the TTC was not an "essential service" in the constitutional sense, and the economic and equity concerns did not justify the complete prohibition of the right to strike.
The Act was declared unconstitutional and of no force and effect.
