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Judicial review of OLRB decision dismissing duty of fair representation complaint for delay dismissed.
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.
Interlocutory injunction granted to third party to restrain picketing, limited to existing picketing protocol terms.
The plaintiff, a cargo handler at Pearson International Airport, sought an interlocutory injunction to restrain picketing by the defendant union, which was engaged in a legal strike against a neighbouring employer.
The plaintiff was not a party to the labour dispute but its operations were disrupted.
The court found that the plaintiff met the test for an interlocutory injunction, relying on issue estoppel from a previous injunction granted to the airport authority.
However, the court declined to grant the broader injunction sought by the plaintiff, instead limiting the order to the terms of the existing picketing protocol established in the previous order.
