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Appeal regarding OLRB jurisdiction over Ministry inspectors quashed as moot following settlement and statutory amendment.
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.
Institutional consultation by administrative tribunal does not breach natural justice if limited to law and policy.
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.
Implied undertaking restricting use of produced documents ceases once admitted into evidence at public hearing.
In the context of union certification applications, the intervenor and responding party sought to restrict the disclosure and use of a document they claimed was a voluntary recognition agreement.
The document had been produced to the applicant subject to a strict confidentiality undertaking.
The Board held that while an implied undertaking restricts the use of documents produced during litigation, this restriction ceases to apply once a document is admitted into evidence at a public hearing.
The Board found no compelling reason under the Statutory Powers Procedure Act or the Labour Relations Act to order the hearing closed or to restrict the use of the document outside the proceedings, emphasizing the importance of transparent decision-making.
