Katherine Ferreira

The parties attended before the Divisional Court to advise that a conditional resolution had been reached in the application for judicial review.

On consent, the court adjourned the application to the next available date, to proceed only if the resolution is not completed.

No costs were ordered for the attendance.

The applicant employer sought judicial review of an arbitrator's decision finding it breached the collective agreement by permitting a third-party hotel to use non-union workers for stage events.

The employer argued the arbitrator unreasonably extended the union's jurisdiction beyond theatrical events and misconstrued the prohibition on contracting out.

The Divisional Court dismissed the application, holding that the arbitrator's interpretation of the collective agreement, including the use of extrinsic evidence and the broad interpretation of the word 'permit', was internally coherent, logical, and reasonable.

The applicant sought judicial review of an Ontario Labour Relations Board (OLRB) decision dismissing her duty of fair representation complaint against her union due to unreasonable delay.

The applicant had delayed filing her complaint for 11.5 months after learning the union would not pursue her grievance to arbitration.

The Divisional Court found the OLRB's decision to dismiss the complaint summarily was reasonable, as the delay was excessive, inadequately explained, and prejudicial to the union.

The application for judicial review was dismissed.

The Employer applied for judicial review of an Ontario Labour Relations Board decision certifying the Union as the bargaining agent for heavy equipment operators.

The Employer argued it was denied procedural fairness when the Board found its pleadings deficient regarding the status of 18 employees and refused to allow amendments.

The Divisional Court dismissed the application, finding no denial of procedural fairness as the Board applied established pleading standards for construction industry status disputes.

The Court also held the Board's refusal to allow amendments was reasonable due to the prejudice the delay would cause the Union.

The applicant union sought judicial review of an arbitration award upholding the layoff of two unionized employees.

The union argued the arbitrator unreasonably applied the wrong standard of review by deferring to the employer's assessment of the employees' relative abilities rather than determining correctness.

The Divisional Court dismissed the application, finding the arbitrator's approach was consistent with established arbitral consensus and reasonable.

The court also rejected arguments regarding the arbitrator's delay in issuing the decision.

The applicant employer sought judicial review of the Ontario Labour Relations Board's decision to certify a union for a bargaining unit of employees at a specific hotel location.

The employer argued the bargaining unit was inappropriate due to employee interchange across multiple locations and that the Board denied procedural fairness by excluding certain casual employees without an oral hearing.

The Divisional Court dismissed the application, finding the Board's determination of the bargaining unit and employee status was reasonable and fell within its core expertise.

The Court also found no denial of procedural fairness, as the Board provided ample opportunity for written submissions.

The applicant employer sought a stay of an Ontario Labour Relations Board decision certifying the respondent union as the exclusive bargaining agent for a group of its employees, pending judicial review.

The employer argued it would suffer irreparable harm by being forced to choose between pursuing judicial review or complying with its obligation to bargain in good faith, and by expending unrecoverable resources on collective bargaining.

The Divisional Court dismissed the motion, finding that the employer could bargain in good faith while reserving its rights pending judicial review, and that mutual, unremarkable process costs do not constitute irreparable harm.