Alan M. Minsky

The Union appealed a Divisional Court decision dismissing its application for judicial review of an Ontario Labour Relations Board decision.

The Board had concluded it lacked jurisdiction to issue remedies against Ministry of Labour inspectors regarding work refusal investigations under s. 43(7) of the Occupational Health and Safety Act.

Prior to the appeal, the underlying dispute was settled and the statutory provision was amended.

The Court of Appeal quashed the appeal as moot, declining to exercise its discretion to hear it due to an incomplete record and judicial economy.

The appellant contractor sought judicial review of an Ontario Labour Relations Board decision upholding a union grievance.

The appellant alleged a breach of natural justice because a draft decision dismissing the grievance was changed to uphold it after a full board meeting.

The Supreme Court of Canada dismissed the appeal, holding that institutional consultation does not breach natural justice provided it is limited to questions of policy and law, and the adjudicators remain free to decide.

The Court found no evidence that factual matters were improperly discussed at the full board meeting, and the change in the decision concerned a matter of law and policy regarding the abandonment of bargaining rights.