Citation and Court Information
CITATION: Ont. Power Generation Inc. v. United Assn. of Journeymen, 2011 ONSC 2436
DIVISIONAL COURT FILE NO.: 322/10
DATE: 20110418
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. WILSON, SWINTON AND LOW JJ.
Parties
BETWEEN:
ONTARIO POWER GENERATION INC.
Applicant
– and –
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA
Respondents
Counsel and Hearing
Ian R. Dick and M. Patrick Moran, for the Applicant
Ronald N. Lebi, for the Respondent, Trade Union
Carl W. Peterson and Melanie McNaught, for Aecon Industrial Division of Aecon Group Inc.
Voy T. Stelmaszynski, for the Respondent, Ontario Labour Relations Board
HEARD at Toronto: April 18, 2011
Oral Reasons for Judgment
LOW J. (orally)
[1] The Board has made a preliminary ruling as to the arbitrability of Mr. Marshall’s grievance.
[2] The applicant argues that this ruling is properly hived off from the grievance which is ongoing, for purposes of judicial review.
[3] This Court will not generally entertain judicial review of a preliminary ruling while the proceeding before the tribunal is pending and has not been decided on the merits (see Ontario College of Art et al., v. Ontario (Human Rights Commission) (1993), 1993 3430 (ON SCDC), 99 D.L.R. (4th) 738.)
[4] The applicant argues that there are exceptional circumstances here that militate in favour of bifurcating this ruling from the results on the merits for purposes of judicial review. The procedural consequence would be multiple proceedings in the court system which should be avoided.
[5] We are not persuaded that exceptional circumstances have been shown. There is no evidence that there is or will be a flood of grievances by employees of one employer against a different employer covered by the Collective Agreement. As well, this was an issue that the parties could have addressed at the bargaining table for prospective purposes.
[6] We are therefore of the view that the application is premature and the application, is on that basis, quashed, without prejudice.
J. WILSON J.
COSTS
[7] Costs payable to the respondent Union in the amount of $10,000 ($5,000 payable by Aecon and $5,000 payable by OPG).
LOW J.
J. WILSON J.
SWINTON J.
Date of Reasons for Judgment: April 18, 2011
Date of Release: April 20, 2011
Appendix
CITATION: Ont. Power Generation Inc. v. United Assn. of Journeymen, 2011 ONSC 2436
DIVISIONAL COURT FILE NO.: 322/10
DATE: 20110418
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. WILSON, SWINTON AND LOW JJ.
BETWEEN:
ONTARIO POWER GENERATION INC.
Applicant
– and –
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA
Respondents
ORAL REASONS FOR JUDGMENT
LOW J.
Date of Reasons for Judgment: April 18, 2011
Date of Release: April 20, 2011