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Interim injunction against hospital's mandatory vaccine policy dissolved due to labour arbitrator's exclusive jurisdiction.
The plaintiffs, a group of unionized and non-unionized hospital employees, sought an interlocutory injunction to restrain the defendant employer from enforcing a mandatory COVID-19 vaccination policy that threatened termination of employment.
The court dissolved a previously granted interim injunction.
For the unionized employees, the court held that the essential character of the dispute fell within the exclusive jurisdiction of the labour arbitration process under the collective agreements, and declined to exercise its residual jurisdiction to grant interim relief where the unions had carriage of the grievances and had not sought such relief.
For the non-unionized employees, the court found no irreparable harm, as monetary damages would be an adequate remedy if their employment was wrongfully terminated.
Leave to appeal denied; summons to examine city councillor regarding alleged bad faith in enacting by-law upheld.
The City of Toronto sought leave to appeal a decision dismissing its motion to quash a summons to examine a city councillor.
The underlying applications challenged a municipal by-law removing a licensing exemption for airport taxis, alleging bad faith.
The City argued that the intention of a legislative body cannot be established through the examination of a single councillor.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motions judge's decision that the councillor's statements had an institutional quality that might reflect the intention of City Council.
