Application for judicial review of preliminary tribunal ruling quashed as premature.
The applicant sought judicial review of a preliminary ruling by the Ontario Labour Relations Board regarding the arbitrability of a grievance.
The Divisional Court quashed the application as premature, applying the general rule that courts will not entertain judicial review of preliminary rulings while tribunal proceedings are pending, absent exceptional circumstances.
The court found no exceptional circumstances to justify bifurcating the ruling from the merits.
Ont. Power Generation Inc. v. United Assn. of Journeymen, 2011 ONSC 2436
