Raquel Chisholm

The applicant sought judicial review of an Ontario Labour Relations Board decision which dismissed her complaint that her former employer terminated her as a reprisal under the Occupational Health and Safety Act.

The Board had found she was terminated for cause.

The Divisional Court dismissed the application, finding no breach of procedural fairness or reasonable apprehension of bias by the Board's Vice-Chair.

Applying the reasonableness standard from Vavilov, the Court held that the Board's decision was logical, well-reasoned, and based on an extensive review of the evidence.

The applicant union sought judicial review of an interest arbitration award that established a new job classification system and wage grid for the bargaining unit.

The union argued the panel's adoption of the employer's proposed wage grid violated s. 11(6) of the Canadian Human Rights Act by reducing male wages to achieve pay equity, and failed to apply the replication principle.

The Divisional Court dismissed the application, finding the panel's decision was reasonable.

The panel was tasked with creating a completely new classification system, not correcting an existing one, and reasonably concluded that s. 11(6) did not apply or was not breached.

The panel also reasonably applied the replication principle by considering objective market forces and economic realities.

The applicant, a nurse, sought judicial review of two decisions by the Human Rights Tribunal of Ontario regarding her complaints against her employer hospital.

The Adjudicator had found the hospital failed to accommodate her disability after October 2009 but dismissed claims of discrimination prior to that date, and awarded monetary compensation rather than reinstatement.

The Divisional Court dismissed the application, finding the Adjudicator's decisions on the merits and remedy were reasonable and supported by the evidence, and that there was no denial of procedural fairness in limiting witness testimony to individual rather than systemic claims.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his application alleging employment discrimination based on race and place of origin.

The Divisional Court found that the Tribunal's decision was entirely reasonable, as the Vice-Chair had thoroughly reviewed the evidence, assessed credibility, and provided cogent reasons for preferring the respondent's evidence.

The application for judicial review was dismissed with costs.

The Union filed a policy grievance regarding the employer's use of non-bargaining unit agency personnel to perform bargaining unit work.

The arbitrator found that the arrangement constituted 'contracting in' rather than 'contracting out', and that the collective agreement contained an implied term prohibiting the use of agency workers in this manner for longer than two weeks.

The Divisional Court set aside the award on judicial review, finding it patently unreasonable.

The Court of Appeal allowed the Union's appeal, holding that the arbitrator did not exceed his jurisdiction and that his interpretation of the collective agreement was not patently unreasonable.