Jenna Meguid

The Ontario government appealed a decision finding that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124), which imposed a 1% cap on compensation increases for broader public sector employees, violated the right to freedom of association under s. 2(d) of the Charter.

The Court of Appeal upheld the application judge's finding that the Act substantially interfered with the respondents' collective bargaining rights and was not saved by s. 1 of the Charter, as it was not minimally impairing and its deleterious effects outweighed its salutary effects.

However, the Court allowed the appeal in part to limit the declaration of invalidity to represented employees, as non-represented employees do not benefit from the same collective bargaining protections.

The applicants, representing various public sector unions, challenged the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124), which limited wage increases for broader public sector employees to 1% per year for a three-year moderation period.

The court found that the Act substantially interfered with the applicants' right to freedom of association under s. 2(d) of the Charter by preventing meaningful collective bargaining over wages and other compensation-related issues.

The court dismissed the applicants' claims under s. 2(b) (freedom of expression) and s. 15 (equality rights).

The court further held that the infringement of s. 2(d) was not saved by s. 1 of the Charter, as the government failed to demonstrate a pressing and substantial objective or that the measure was minimally impairing.

The Act was declared void and of no effect.

The applicant union sought judicial review of an arbitration award that dismissed its grievance regarding the respondent employer's decision to close its Windsor plant.

The union argued that the plant closure violated a 'sole sourcing' promise made by the employer in exchange for wage concessions.

The Divisional Court found the arbitrator's decision unreasonable because it relied on an improper inference drawn from rejected proposed contract language, failing to consider the overall context of the negotiations.

The application was granted, the arbitrator's decision was quashed, and the grievance was remitted back to the arbitrator for a fresh determination.

The appellant, a registered physiotherapist, appealed a decision of the Discipline Committee finding him guilty of professional misconduct for inappropriate touching during a patient's ankle treatment.

The Committee imposed a three-month suspension and costs.

On appeal, the appellant argued the Committee breached procedural fairness by attempting to physically recreate his described treatment techniques during their private deliberations.

The Divisional Court dismissed the appeal, holding that the Committee's actions were a proper evaluation of the evidentiary record and its credibility findings were reasonable and entitled to deference.

The penalty was also upheld as falling within a reasonable range.