Jane Gooding

The applicant sought judicial review of three decisions of the Ontario Labour Relations Board dismissing his unfair labour practice and duty of fair representation complaints against his former employer and union.

The complaints arose after the applicant's employment was terminated following allegations of sexual harassment, which was subsequently resolved through Minutes of Settlement.

The Divisional Court dismissed the application, finding no denial of procedural fairness and concluding that the Board's decisions were reasonable.

The appellant union appealed an order of the Divisional Court regarding an arbitrator's decision.

The Court of Appeal allowed the appeal, agreeing with the dissenting reasons of Aston J. at the Divisional Court.

The Divisional Court's order was set aside, the arbitrator's decision was quashed, and costs of $10,000 were awarded to the appellant.