Josh Hoffman

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision denying his request to reactivate his human rights application.

The application had been deferred pending grievance arbitrations, which were withdrawn in 2018.

The applicant filed his reactivation request over four years later.

The Tribunal declined to extend the time limit due to the length of the delay, the lack of a reasonable explanation, and prejudice to the employer.

The Divisional Court dismissed the application for judicial review, finding the Tribunal's decision reasonable and noting the applicant was the author of his own misfortune.

The applicant employer sought judicial review of an Ontario Labour Relations Board decision certifying the respondent union to represent a bargaining unit of operating engineers.

The employer challenged the Board's decision to exclude four working forepersons from the bargaining unit.

The Board had applied the 'majority-of-time' test because the forepersons supervised mixed crews, concluding the employer failed to prove they spent the majority of their time performing or supervising bargaining unit work on the application filing date.

The Divisional Court dismissed the application, finding the Board's choice and application of the test were reasonable and consistent with its specialized expertise in construction industry labour relations.