3 total
Request for production of all arguably relevant documents denied as premature prior to preliminary hearing.
The applicant requested an order for the production of all arguably relevant documents under Rule 16 of the Rules of Procedure prior to a scheduled preliminary hearing.
The respondents opposed the request, arguing it was premature as the preliminary hearing was set to address specific issues such as delay and abuse of process, not the merits of the application.
The Tribunal denied the request, finding that a blanket request for all arguably relevant documents was improper and premature at this stage, as the preliminary hearing issues did not touch on the merits of the application.
Deferred human rights application re-activated after grievance withdrawal; timeliness objection dismissed as deadline fell on weekend.
The applicant requested to re-activate her human rights application, which had been deferred pending a union grievance process that was ultimately withdrawn.
The respondents opposed the re-activation due to the passage of time and requested the application be dismissed as untimely.
The Tribunal granted the request to re-activate, finding no authority to deny it despite concerns about the ten-year delay.
The Tribunal also denied the request to dismiss the application as untimely, noting that the one-year filing deadline fell on a Saturday, and the application was properly filed on the following Monday.
Board refused to stay certification proceedings pending a constitutional challenge over jurisdiction in the fisheries sector.
The applicant union filed multiple applications for certification, and pre-hearing representation votes were held.
At the initial hearing, the respondents requested a stay of proceedings, arguing that labour relations in fisheries fall under federal jurisdiction and that a constitutional challenge was pending in the courts.
The Board declined to stay the proceedings, affirming its jurisdiction to determine its own constitutional jurisdiction in the first instance.
The Board also declined the union's request to require notice to the Attorneys General, distinguishing between Charter challenges, where notice is required, and division of powers cases, where the Board is merely determining its threshold jurisdiction.
