John M. Rattray

The plaintiffs appealed a decision denying certification of a class action arising from an RFP process.

The Divisional Court dismissed the appeal, agreeing with the motion judge that the claims rested on various alleged misrepresentations made to different bidders at different times.

The court found no error in the conclusion that these individual circumstances did not amount to a common issue that would move the litigation forward.

The responding party employer brought a preliminary motion to dismiss the applicant's complaint under the Occupational Health and Safety Act (OHSA).

The employer argued that the applicant was precluded from proceeding before the Board under section 50(2) of the OHSA because he had already elected to have his discharge dealt with through arbitration under a collective agreement.

The applicant argued that he could not have made such an election because he was unaware of the OHSA reprisal aspect of his discharge until after the grievance was filed.

The Board granted the employer's motion, finding that the applicant had elected to have the propriety of his discharge adjudicated through arbitration and could not change forums midstream.

The complaint was dismissed.