Leonard Marvey

The applicant, a former NHL referee, sought judicial review of an Ontario Labour Relations Board decision which dismissed his complaint that his termination was tainted by anti-union animus.

The applicant argued the Board applied the wrong legal standard of proof and made several evidentiary errors.

The Divisional Court dismissed the application, finding the Board's decision was reasonable, applied the correct legal test, and was based on a thorough assessment of the evidence.

The applicant sought judicial review of an Ontario Labour Relations Board decision assigning the teaching of the Life and Learning Skills program for students aged 14 and older in secondary schools to members of the Ontario Secondary School Teachers' Federation.

The applicant argued the work should belong to elementary teachers because the academic content was at the primary level.

The Divisional Court dismissed the application, finding the OLRB correctly interpreted the Education Act by considering the physical location, educational purpose, and body of pupils, and reasonably applied labour relations principles to conclude the work belonged to secondary school teachers.