Colin J. Youngman

The Employer applied for judicial review of an Ontario Labour Relations Board decision certifying the Union as the bargaining agent for heavy equipment operators.

The Employer argued it was denied procedural fairness when the Board found its pleadings deficient regarding the status of 18 employees and refused to allow amendments.

The Divisional Court dismissed the application, finding no denial of procedural fairness as the Board applied established pleading standards for construction industry status disputes.

The Court also held the Board's refusal to allow amendments was reasonable due to the prejudice the delay would cause the Union.

The applicant union sought judicial review of an arbitrator's decision denying a retirement gratuity to a teacher who resigned following a criminal conviction for sexual assault.

The arbitrator found that under the collective agreement, the teacher did not retire 'for the reason of age' but rather because of his criminal conviction, and thus was not entitled to the gratuity.

The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement language to be intelligible, defensible, and within the range of acceptable outcomes.