Gita Anand

The applicant sought judicial review of an Ontario Labour Relations Board decision which found that his union did not breach its duty of fair representation under s. 74 of the Labour Relations Act.

The applicant, a temporary employee, argued the union should have pursued his wrongful dismissal grievance.

The Divisional Court dismissed the application, holding that the Vice-Chair's conclusion that the union's decision not to proceed with the grievance was reasonable and entitled to deference.

The applicant sought an order under Rule 16.04(1) of the Rules of Civil Procedure to dispense with personal service of a Notice of Application for Judicial Review and Summonses on a Vice-Chair of the Ontario Labour Relations Board and another individual.

The Divisional Court dismissed the motion, finding that the Vice-Chair is immune from such process and the other individual made no decision amenable to judicial review.

The court directed the applicant to amend the title of proceedings if the application is to proceed.