Scott G. Thompson

The applicant union sought an extension of time to bring an application for judicial review of an arbitral award that dismissed grievances regarding the discharge of employees who could not complete a new job rotation due to disabilities.

The application was brought more than eight months after the award, well beyond the 30-day time limit in section 5(1) of the Judicial Review Procedure Act.

The Divisional Court denied the extension of time under section 5(2), holding that the court retains discretion to consider the length of and explanation for the delay, and found the applicant's delay was lengthy and unexplained, and the grounds for relief were weak.

The applicant sought judicial review of an Ontario Labour Relations Board decision that assigned scaffolding tending work to the Labourers rather than the Carpenters.

The applicant argued the Board unreasonably failed to apply the 'specialty scaffolding contractor' exception from its past jurisprudence.

The Divisional Court dismissed the application, finding the Board's decision was reasonable, as the Board had considered the past jurisprudence but concluded the exception did not apply on the facts of this case, given the nature of the work and the overwhelming area practice at the Bruce Power site.

The appellant employer appealed a Divisional Court decision dismissing its application for judicial review of an Ontario Labour Relations Board decision.

The Board had initially issued a brief decision upholding a union grievance, and later issued supplementary reasons at the union's request.

The Court of Appeal allowed the appeal, holding that the Board lacked jurisdiction under section 114(1) of the Labour Relations Act to issue supplementary reasons without reconsidering the decision itself.

The Court found that the doctrine of functus officio applied, and the delivery of supplementary reasons raised a reasonable apprehension of result-driven, after-the-fact reasoning.

The matter was remitted for a new hearing before a differently constituted Board.

The Crown appealed a decision granting certiorari and prohibition to quash summonses issued under the Occupational Health and Safety Act.

The application judge held that jurisdiction was lost when nothing was done on the original return date and that the one-year limitation period had expired before new summonses were issued.

The Court of Appeal allowed the appeal, holding that s. 31 of the Provincial Offences Act preserves jurisdiction over the offence and permits the issuance of new summonses.

The Court also held that a prosecution is instituted when an information is laid, not when process is issued, meaning the charges were laid within the limitation period.

The applicant union local sought judicial review of an Ontario Labour Relations Board decision that allowed the parent union to assume jurisdiction over a specific construction project.

The Board had proceeded by way of an expedited consultation process rather than a full hearing, relying on pleadings and oral submissions.

The Divisional Court dismissed the application, finding that the Board's Rule 41 permitting consultations was not ultra vires, the Board did not breach natural justice or procedural fairness, and its decisions on both procedure and the merits were not patently unreasonable given the specialized labour relations context and the need for expedition.

The respondent commenced a wrongful dismissal action after being terminated.

The appellant employer brought a motion to dismiss the action, arguing the court lacked jurisdiction because the respondent was covered by a collective agreement.

The motions judge dismissed the motion, finding the respondent exercised managerial functions and was not an employee under the Labour Relations Act.

The Court of Appeal allowed the appeal, holding that the motions judge lacked jurisdiction to determine the respondent's status.

Under the exclusive jurisdiction model, the question of whether a dispute is arbitrable must be determined by an arbitrator.

The action was stayed pending arbitration.