Citation and Court Information
CITATION: Cooney Bulk Sales Limited v. Teamsters Local Union No. 91, 2017 ONSC 3651
DIVISIONAL COURT FILE NO.: 16-DV-2175
DATE: 2017/06/14
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Aston, Swinton and Mitrow JJ.
Parties
BETWEEN:
COONEY BULK SALES LIMITED, Applicant/Moving Party
– and –
TEAMSTERS LOCAL UNION NO. 91 and KEVIN BANKS Respondents/Responding Parties
Counsel and Hearing
Andrew Lister, for the Applicant/Moving Party
David Spears, for the Teamsters Local Union No. 91
HEARD at Ottawa: June 12, 2017
Oral Reasons for Judgment
Aston J. (Orally)
[1] The company’s judicial review application challenges an interlocutory procedural order made in an ongoing grievance arbitration. The order requires the company to produce documents and information requested by the union that the Arbitrator found to be “arguably relevant” and not unduly burdensome to produce. The Arbitrator also declined, for the time being, the company’s request to bifurcate the hearing.
[2] Judicial review is a discretionary remedy best left to the conclusion of tribunal proceedings. This is not one of those exceptional cases in which the Court ought to intervene in the arbitration process before its conclusion. It is not this Court’s function to micro-manage the arbitration. To the contrary, judicial review of procedural and interlocutory decisions such as this one must be discouraged. This judicial review application has already delayed the arbitration by more than a year.
[3] This judicial review application is premature. It ignores the admonition in University of Toronto v. C.U.E.W., Local 2, 1988 CarswellOnt 940 at paras. 47-48 and a long list of subsequent cases in which this Court has steadfastly repeated its disinclination to intervene in an ongoing labour relations process except in exceptional circumstances. There are no exceptional circumstances here.
[4] The Application is dismissed.
Aston J.
I agree _______________________________ Swinton J.
I agree _______________________________ Mitrow J.
Date of Reasons for Judgment: June 12, 2017
Date of Release: June 14, 2017
CITATION: Cooney Bulk Sales Limited v. Teamsters Local Union No. 91, 2017 ONSC 3651
DIVISIONAL COURT FILE NO.: 16-DV-2175
DATE: 2017/06/14
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Aston, Swinton and Mitrow JJ.
BETWEEN:
COONEY BULK SALES LIMITED, Applicant/Moving Party
– and –
TEAMSTERS LOCAL UNION NO. 91 and KEVIN BANKS Respondents/Responding Parties
ORAL REASONS FOR JUDGMENT
Aston J.
Date of Reasons for Judgment: June 12, 2017
Date of Release: June 14, 2017