Kate Shao

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing her duty of fair representation application against her union.

The OLRB had dismissed the application partly due to delay and partly for failing to establish a prima facie case that the union acted arbitrarily, discriminatorily, or in bad faith regarding her termination grievance.

The Divisional Court applied the reasonableness standard of review and found no error in the OLRB's conclusions regarding delay or the lack of a prima facie case.

The application for judicial review was dismissed.

The applicant sought judicial review of five decisions of the Workplace Safety and Insurance Appeals Tribunal spanning from 2008 to 2018.

The Divisional Court dismissed the application regarding the first four decisions due to inordinate and inexcusable delay, noting both presumed and actual prejudice as the Tribunal's records had been destroyed.

The Court also upheld the Tribunal's 2018 decision refusing to reconsider a 2009 decision, finding it reasonable given the unexplained seven-year delay in requesting the reconsideration.