COURT FILE NO.: 314/02

DATE: 20030331

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

LANE, BROCKENSHIRE AND CAMERON JJ.

B E T W E E N:

DERVENT THOMPSON

Applicant

• and -

ONTARIO LABOUR RELATIONS BOARD, PEPSI-COLA CANADA LTD. and TEAMSTERS LOCAL UNION 938

Respondents

Kike Roach, for the Applicant

Voy T. Stelmaszynski, for the Ontario Labour Relations Board

Norman L. Jesin, for the Teamsters Local Union 938

HEARD: March 31, 2003

cameron J.: (Orally)

1The applicant complains of the decision of the Ontario Labour Relations Board under s.99(3) to dismiss his application to the board under s.74 and 96 of the Ontario Labour Relations Act for delay.

2The delay was first raised as an issue by the union in its responding materials. The applicant was not given an opportunity to address the issue of delay. While the Ontario Labour Relations Board is master of its procedure, it is contrary to the principles of natural justice to decide a matter on grounds which the applicant was not afforded an opportunity to address.

3The delay from November 15, 2001 to May 29, 2002, in applying for judicial review was not insignificant, however, it has been satisfactorily explained by the impecuniosity of the applicant.

4The order of the Ontario Labour Relations Board dated November 15, 2001, is set aside and the application to the board is remitted to it for further consideration.

LANE J.

5The applicant will have costs fixed at $3,000. The application record has been endorsed as follows: "The application is allowed for reasons delivered by Mr. Justice Cameron. The order of the Ontario Labour Relations Board of November 15th, 2001 is set aside and the application is remitted to the Ontario Labour Relations Board for further consideration. Costs to the applicant fixed at $3,000."

LANE J.

BROCKENSHIRE J.

CAMERON J.

Date of Reasons for Judgment: March 31, 2003

Date of Release: April 4, 2003

COURT FILE NO.: 314/02

DATE: 20030331

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT