Katherine Ford

The self-represented applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing his human rights complaint against his former employer, coworkers, and a workplace investigator.

The HRTO had dismissed the complaint against the employer and certain coworkers under s. 34(11) of the Human Rights Code because the applicant had commenced a concurrent civil action based on the same facts.

The HRTO also dismissed the complaint against the workplace investigator, finding no reasonable prospect of success.

The Divisional Court held that the applicable standard of review was reasonableness, following Vavilov, and found that the HRTO's decisions were reasonable and procedurally fair.

The application for judicial review was dismissed with costs.

The applicant union sought judicial review of an Ontario Labour Relations Board decision dismissing an unfair labour practice complaint.

The union alleged the employer violated the statutory freeze period under s. 86 of the Labour Relations Act by reducing employee benefits after the applicant displaced the incumbent union.

The Board found that the employer's obligation was only to pay premiums to the incumbent union's trust fund, which became impossible upon displacement.

Applying the 'reasonable expectations' test, the Board concluded the employer's substituted benefit plan was reasonably comparable and did not violate s. 86.

The Divisional Court held the Board's decision was reasonable and dismissed the application.