COURT FILE NO.: 2/04
DATE: 20040216
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
JAMES ANDREW GERRIE
Applicant
- and -
VICE-CHAIR TIMOTHY SARGEANT and MS. CHARLOTTE BUDD
Respondents
In Person
Voy Stelmaszynski, for the Respondent, Ontario Labour Relations Board
Gita Anand, for Coca-Cola Bottling Ltd.
HEARD: February 16, 2004
O’DRISCOLL J.: (Orally)
[1] On January 2, 2004, the applicant launched an application for judicial review of a February 2001 decision of the Ontario Labour Relations Board, presided over by Mr. Sargeant, as a Vice-Chair.
[2] The applicant seeks an order under Rule 16.04(1) of the Rules of Civil Procedure to dispense with personal service on Mr. Sargeant and Ms. Budd of the Notice of Application for Judicial Review and Summonses.
[3] The decision of the Divisional Court in Re Ellis-Don and Ontario Labour Relations Board et al. (1994), 1994 10531 (ON SC), 16 O.R. (3d) 698; leave to appeal to Ont. C.A. refused: [1994] O.L.R.B. E.P. June 801; leave to appeal to S.C.C. refused: [1995] 1 S.C.R. vii, holds that Mr. Sargeant is immune from such process. The application with regard to him is dismissed.
[4] As far as the application regarding Ms. Budd is concerned, she has not made any decision that is amenable to judicial review and thus there is no basis to question her about a decision of the Ontario Labour Relations Board. That application will also be dismissed.
[5] If the application for judicial review is to proceed, Mr. Sargeant’s name should be replaced with “Ontario Labour Relations Board” and the name of Ms. Budd should be removed and be replaced with “C.A.W. Local 385”, “Coca-Cola Bottling Ltd.” should be added as an intervenor. C.A.W Local 385 was a party before the Ontario Labour Relations Board and Coca-Cola Bottling Ltd. was an intervenor before the Ontario Labour Relations Board when Mr. Gerrie’s application was before the Board.
[6] Costs are not requested.
O’DRISCOLL J.
Date of Reasons for Judgment: February 16, 2004
Date of Release: February 18, 2004
COURT FILE NO.: 2/04
DATE: 20040216
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
JAMES ANDREW GERRIE
Applicant
- and -
VICE-CHAIR TIMOTHY SARGEANT and MS. CHARLOTTE BUDD
Respondents
ORAL REASONS FOR JUDGMENT
O’DRISCOLL J.
Date of Reasons for Judgment: February 16, 2004
Date of Release: February 18, 2004