Jeffrey Michael Andrew

The Society of United Professionals appealed a Divisional Court decision affirming the Ontario Labour Relations Board's (OLRB) rulings regarding New Horizon System Solutions' refusal to disclose a Master Services Agreement (MSA).

The Society alleged violations of ss. 17 (duty to bargain in good faith) and 70 (interference with union representation) of the Labour Relations Act, 1995.

The Court of Appeal upheld the Divisional Court's finding that the OLRB's decisions were reasonable, concluding that the MSA was not necessary for the Society to carry out its representational duties under s. 70 and that the s. 17 application was premature when initially brought.

The court also found the OLRB's partial disclosure order under s. 17 and its reliance on counsel's representation regarding a specific MSA article to be reasonable.

The appellant appealed the motion judge's order striking her claim under a Rule 21 motion without leave to amend.

The dispute arose from a collective agreement between unionized workers.

The Court of Appeal upheld the motion judge's decision, finding that the dispute was entirely regulated by the collective agreement and that the arbitrator possessed the necessary remedial powers to address the wrong.

The court also declined to grant leave to appeal the costs award.

The appellant was ordered to pay the respondent's costs of the appeal.