The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his duty of fair representation complaint against his union due to a 15-month delay.
The applicant argued the Board breached procedural fairness by imposing page limits, was biased, rendered an unreasonable decision, and violated his s. 15 Charter rights by applying a presumption of prejudice for delayed complaints.
The Divisional Court dismissed the application, finding the Board's procedural directions fair, the delay analysis reasonable, and the Charter claim unfounded as the presumption applies equally to all parties and does not discriminate on analogous grounds.
