K. Marshall

The applicant sought judicial review of several Human Rights Tribunal of Ontario decisions, including three decisions from 2017 and 2019.

The court issued a notice under Rule 2.1 of the Rules of Civil Procedure, considering dismissing the applications regarding the older decisions due to excessive delay.

The applicant provided submissions, but the court found the delay of over four to five years to be inordinate with no credible explanation.

The court dismissed the applications for judicial review of the 2017 and 2019 decisions as abuses of process that were doomed to fail.

The Ontario Nurses' Association filed applications under sections 1(4) and 106(2) of the Labour Relations Act, along with an unfair labour practice complaint under section 89, against Carecor Health Services Inc. and numerous hospitals.

The union alleged that the hospitals formed Carecor to provide a pool of agency nurses to avoid their collective agreement obligations.

The Board dismissed the allegations under sections 50 and 66 for failing to disclose a prima facie case, but allowed the section 64 complaint to proceed.

The Board directed the union to provide particulars of its allegations and ordered that the section 1(4) application and the remaining section 89 complaint be heard together.

The section 106(2) application was adjourned pending the disposition of the other matters.