Leonard P. Kavanaugh

The appellant was terminated for cause after making violent threats to fellow employees.

He appealed, arguing his conduct was influenced by a mental disability and his termination violated the Ontario Human Rights Code.

The Court of Appeal upheld the trial judge's finding that the employer was unaware of the disability at the time of termination and fired him solely for workplace violence.

The appeal was dismissed, and the termination for just cause was upheld.

The Greater Essex County District School Board appealed a Divisional Court decision upholding an Ontario Labour Relations Board (OLRB) ruling.

The OLRB found that the school board's construction management activities fell within the definition of 'construction industry' under the Ontario Labour Relations Act, and that receiving compensation for these activities constituted operating a business.

The OLRB also found the school board and other property owners were 'unrelated persons' under the 'non-construction employer' definition.

The Court of Appeal dismissed the appeal, finding the OLRB's decision reasonable and its reasons sufficient.

The Union appealed a Divisional Court decision that quashed an Ontario Labour Relations Board (OLRB) decision.

The OLRB vice-chair had ruled that he had jurisdiction under s. 133 of the Labour Relations Act, 1995 to extend the time for referring a grievance to arbitration, despite the mandatory 14-day time limit in the collective agreement having expired.

The Divisional Court found this decision unreasonable, holding that once the time limit expired, the grievance was deemed settled and there was nothing left to refer to arbitration.

The Court of Appeal dismissed the Union's appeal, agreeing with the Divisional Court that the OLRB's interpretation of s. 133 was unreasonable and that the OLRB cannot ignore the express mandatory timelines in a collective agreement.