Jack Sullens

The applicants sought a judicial recount of the ballots cast in the 45th General Election for the electoral district of Windsor-Tecumseh-Lakeshore, where the initial count showed a 77-vote margin.

The court granted the application based on credible affidavit evidence of counting errors, without requiring proof of materiality.

During the recount, the court ruled on numerous disputed ballots, strictly applying the mandatory requirement for a mark in the circle while objectively assessing whether extraneous marks could identify the elector.

The court also admitted special ballots bearing initials on the reverse, finding they were likely placed by election officers.

The recount concluded with the leading candidate's margin reduced to four votes, confirming the election result.

The applicant filed a complaint regarding child protection services received from the children's aid society, specifically concerning an investigation and the society's refusal to provide a copy of its file.

At a preliminary hearing, the society conceded the Board's jurisdiction to order file disclosure but disputed its jurisdiction to review and remove redactions.

The Board held that it has jurisdiction to order file disclosure to ensure a fair complaints process, as well as the jurisdiction to review redactions in a file and order their removal if necessary for a fair process.

The applicant applied to the Child and Family Services Review Board under s. 68(5) of the Child and Family Services Act, alleging the respondent society failed to comply with the Internal Complaint Review Panel (ICRP) process.

The applicant argued the society did not provide reasons for decisions related to an investigation into allegations against him.

The Board found that while the society generally complied with the ICRP process, it failed to explain why it made a verification decision before receiving certain interview transcripts and why it did not interview the child's peers.

The application was granted in part, and the society was ordered to provide written reasons on those two issues.

The applicant filed a Request for an Order During Proceedings seeking to reactivate her human rights application, which had been deferred pending the outcome of her WSIB appeal.

She argued that the WSIB process had become unduly delayed and that continued deferral was causing her psychological distress.

The Tribunal dismissed the request, finding no evidence that the WSIB appeal was delayed beyond normal expectations, and noting that the medical evidence provided did not establish that continued deferral would cause harm.

The applicant, a former teacher dismissed by the predecessor school board, filed unfair labour practice complaints alleging that the school board's decision to ban him from its property was in retaliation for his having commenced proceedings under the Labour Relations Act.

The school board brought preliminary motions to dismiss the applications without a hearing on the merits.

The Ontario Labour Relations Board exercised its discretion to dismiss the applications, finding they had little chance of success and that the primary remedy sought—allowing the applicant to operate an after-school skipping program on school property—was inappropriate given the school board's statutory duty to ensure student safety.

The union applied for certification to represent carpenters employed by the newly amalgamated Greater Essex County District School Board.

The school board argued the application was barred by the Public Sector Labour Relations Transition Act, 1997, which restricted the geographic scope of the union's successor bargaining rights to the City of Windsor.

The Board held that the successor rights provisions did not bar a regular certification application to expand bargaining rights.

The Board also found that recent amendments excluding school boards as 'non-construction employers' did not apply retroactively to this pending application.

The Board determined the appropriate bargaining unit, excluding employees outside the ICI sector already covered by subsisting agreements, and referred the matter to resolve the voters' list.